CHAPTER
Cor 100 ORGANIZATIONAL RULES
REVISION
NOTE #1:
Document #7446, effective 2-6-01, made
extensive changes from the wording, format, and numbering of rules in former
Chapter Cor 100, which had expired 3-20-98.
Document #7446 replaced all prior filings for the sections in Chapter
Cor 100. As organizational rules these
rules in Document #7446 would not expire except pursuant to RSA 541-A:17, II.
The prior filings affecting one or
more sections in the former Chapter Cor 100 included the following documents:
#2786,
effective 8-1-84 |
#3045(E),
EMERGENCY, effective 7-1-85 |
#3132,
effective 10-4-85 |
#4474,
effective 8-29-88 |
#4795,
EMERGENCY, effective 4-6-90, EXPIRED 8-4-90 |
#4911,
effective 8-20-90 |
#5243,
EMERGENCY, effective 10-4-91, EXPIRED 2-1-92.
Entire chapter expired except for rules in Documents #4474 and #4911. |
#5362,
effective 3-20-92, EXPIRED 3-20-98 Entire chapter expired 3-20-98. |
PART
Cor 101 DEFINITIONS
Cor 101.01 “Behavioral health treatment team” means the
staff members assigned to monitor and assist persons under departmental control
in their rehabilitation or treatment, and which includes the individual’s case
manager and other professional staff members of the division of medical and
forensics services assigned to the bureau of behavioral health.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.15) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.02 “Case manager” means the individual staff
member assigned to each resident to assist him or her in enrolling in
appropriate rehabilitative or treatment programs and re-entry planning.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.01) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.03 “Chief administrator of the facility” means a
warden, director, or other administrator of a correctional
facility, as designated by the commissioner, where a resident of the
department resides.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.02) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.04 “Classification board” means
a panel of staff members who perform classification functions and make
recommendations pursuant to Cor 400.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.03) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.05 “Classification board
chair” means an employee of the department who chairs classification boards and
makes recommendations concerning the classification of persons under
departmental control to the administrator of inmate classification and offender
records pursuant to Cor 400.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #744
6, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.04) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.06 “Commissioner” means the individual in charge of the operations of the department of
corrections, who is directly responsible to the governor.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18 (formerly Cor 101.05) (See Revision Note #2
at chapter heading for Cor 100)
Cor 101.07 “Correctional handbook” means the document
furnished to all incarcerated persons under departmental control and which
provides information regarding their stay at the prison, including the
standards of behavior.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.14) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.08 “Custody grades” means the custody and
security classification assigned to incarcerated persons under departmental
control in due consideration of their escape potential and the level of their
threat to both public and institutional safety pursuant to Cor 400.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.06) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.09 “Department” means the department of corrections.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.07) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.10 “Director” means the director of a division
within the department and the director of medical and forensic services.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.08) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.11 “Disciplinary board” means a panel of one or
more staff members established to hear and review disciplinary violations filed
against persons under departmental control.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.09) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.12 “Disciplinary hearing” means an appearance by
person under departmental control before the disciplinary board to answer
charges filed in a disciplinary violation.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.10) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.13 “Disciplinary violation” means a violation of
standards of behavior.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.11) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.14 “Facilities” means any building, enclosure, space, or structure used for the confinement of
persons committed to the custody of the commissioner, or for any other matter
related to such confinement.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.12) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.15 “Partially nude” means less than completely and opaquely
covered human genitals, pubic region, buttocks, or female breast below a point
immediately above the top of the areola.
Source. (See Revision Note #2 at chapter heading for Cor
100) #12500, eff
3-23-18
Cor 101.16 “Patient” means an individual who is
committed to the care of the commissioner pursuant to RSA 622:40-48 and housed
in the secure psychiatric unit.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.16) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.17 “Patient handbook” means a document furnished
to all patients at the secure psychiatric unit and which provides information
about their stay at the unit, including the standards of behavior.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(See Revision Note #2 at chapter heading for Cor 100)
Cor 101.18 “Pending administrative
review” means a status provided for in the classification handbook, which
restricts the movement of an individual pending the outcome of certain actions
or procedures pursuant to Cor 400.
Source. (See Revision Note #1 at chapter heading for Cor
100) #7446, eff
2-6-01; ss by #12500, eff
3-23-18 (See Revision Note #2 at chapter
heading for Cor 100)
Cor 101.19 “Person under departmental control” means a
person who has been committed to the custody of the commissioner pursuant to a
court order, or is transferred to the custody of the
commissioner from a confinement facility outside the state prison system where
the person was confined pursuant to a court order. The term includes inmates,
patients, probationers, and parolees.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff
3-23-18 (See Revision Note #2 at chapter
heading for Cor 100)
Cor 101.20 “Prison” means a secure facility of the
department designed, organized, and staffed to provide safe secure housing and
rehabilitative opportunities to person under departmental control and other
persons properly transferred to the facility. This includes the New Hampshire state prison
for men, New Hampshire correctional facility for women, and the northern New
Hampshire correctional facility.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18 (formerly
Cor 101.28) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.21 “Prison grounds” means any
and all real property owned, leased or under the control of the
department of corrections used to house, work, educate or train persons under
departmental control, including, but not limited to:
(a)
Land and buildings of the secure psychiatric unit;
(b)
New Hampshire state prison for men;
(c)
New Hampshire state prison farm and retail store;
(d)
New Hampshire correctional facility for women;
(e)
Northern New Hampshire correctional facility;
(f)
North End transitional housing unit;
(g)
Calumet House transitional housing unit;
(h)
Shea Farm transitional housing unit;
(i) Concord transitional work center; and
(j)
Such other areas as might be bought, leased, or placed under control of
the department and used to house, work, educate, or train persons under
departmental control.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at
chapter heading for Cor 100)
Cor 101.22 “Protective custody” means a status provided
for in the classification handbook, which separates those persons under
departmental control likely to become victims in prison from other persons
under departmental control pursuant to rules enumerated in Cor 400.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at
chapter heading for Cor 100)
Cor 101.23 “Punitive segregation” is a status assigned to
a person under departmental control by a disciplinary board as a punishment for
a specific offense.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at
chapter heading for Cor 100)
Cor 101.24 “Quarantine” means the initial arrival process
during which the newly arrived person under departmental control is tested,
medically evaluated, orientated, and generally prepared for confinement or
treatment in a secure environment.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18 (See Revision Note #2 at
chapter heading for Cor 100)
Cor 101.25 “Re-entry” means a program specifically
designed to bridge the transition from confinement to free society and to
assist the person under departmental control in making the transition to become
a contributing law abiding citizen.
Source. (See Revision Note #2 at chapter heading for
Cor 100) #12500, eff
3-23-18
Cor 101.26 “Residential Treatment Unit" means a housing unit within the
department that is organizationally and operationally separate and clinically
and programmatically managed by the division of medical and forensic services,
and which is designed, organized, and staffed to provide safe, secure
behavioral health treatment to individuals who have functional impairments
interfering with their ability to live in other general prison housing units.
Source. (See Revision Note #2 at chapter heading for
Cor 100) #12500, eff
3-23-18
Cor 101.27 “Residents” means persons under departmental
control and patients of the secure psychiatric unit who are housed in confinement
or treatment facilities, and probationers and parolees who are under
supervision in community facilities.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.25) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.28 “School release” means a structured program
where persons under departmental control live in a group setting under
departmental control and attend schools or training facilities in the
community.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.26) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.29 “Secure psychiatric unit” means a secure
forensic facility of the department that is organizationally and operationally
separate and clinically and programmatically autonomous from the state prison
for men, and which is designed, organized, and staffed to provide safe, secure
psychiatric treatment to individuals who are committed to that facility by the
courts or transferred to that facility under the provisions of RSA 622:40-48.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.27) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.30 “Security threat group” means a group of
individuals possessing common characteristics that distinguish them from other
groups and are a threat to staff, other inmates, the institution, or the community.
Source. (See Revision Note #2 at chapter heading for
Cor 100) #12500, eff
3-23-18
Cor 101.31 “Special Emergency Response Team” means a
team trained in tactical operations such as riot control, and hostage rescue,
and special weapons such as chemical agents.
Source. (See Revision Note #2 at chapter heading for
Cor 100) #12500, eff
3-23-18
Cor 101.32 “Temporary confinement to
cell” means the status imposed upon person under departmental control when the
person under departmental control becomes so hostile or agitated that opening
the person under departmental control’s
cell door could result in a violent incident.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.29) (See Revision Note #2 at chapter heading for Cor 100)
Cor 101.33 “Work release” means a structured program
where persons under departmental control live in a group setting under
departmental control and work at regular jobs in the community, and which is
characterized by increased freedom as the program progresses.
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(formerly Cor 101.30) (See Revision Note #2 at chapter heading for Cor 100)
PART Cor 102 DESCRIPTION
Cor 102.01 Jurisdiction.
(a)
The department, established pursuant to RSA 21-H:3, I, through the
commissioner and its employees, has the following responsibilities:
(1) To provide for, maintain, and administer the
New Hampshire state prison for men, the New Hampshire correctional facility for
women, the northern New Hampshire correctional facility, the Residential
Treatment Unit, and other such facilities as established, as well as programs
as might be required for, the custody, safekeeping, control, correctional
treatment, and rehabilitation of persons under departmental control;
(2) To supervise persons placed on probation,
court ordered supervision, and persons released into the community on parole
and to administer related probation and parole services as directed by the
court or the adult parole board;
(3) To provide for, maintain, and administer the
secure psychiatric unit to receive persons under departmental control and
provide them with appropriate mental health services, treatment, and evaluation
and diagnostic services;
(4) To advise the law enforcement community,
including the courts and the communities they serve, on the prevention of crime
and delinquency;
(5) To develop and publish both
long term and short term strategic plans for the state
correctional system, which include the departmental goals, objectives,
resources, current conditions, and needs;
(6) To establish a unified corrections plan for
the state of New Hampshire, including procedures and programs to enhance
efficiency and effectiveness in the administration of the correctional system;
and
(7) To provide
for, maintain, and administer home confinement, intensive supervision, and
special alternative incarceration programs.
Source. (See Revision Note #1 at
chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500,
eff 3-23-18 (See Revision Note #2 at
chapter heading for Cor 100)
Cor 102.02
Internal Organization.
(a)
The commissioner shall be in charge of, and
responsible for, the department and its operations.
(b)
The director of field services shall be in charge of
the supervision of persons placed on probation and parole or others assigned to
community-based supervision by the courts or the commissioner, including
housing, job assistance, collection of fees and victim restitution, enforcement
of release conditions and initiation of corrective action when they fail to
meet the behavioral standards imposed upon them, pre-sentence investigation,
and restitution centers as shall be assigned.
(c)
The director of administration shall be in charge of
fiscal management, property, contracts, grants management, and correctional
industries.
(d)
The director of medical and forensic services shall be a board certified psychiatrist and shall be under the
administrative supervision of the assistant commissioner. The medical director shall be
in charge of the supervision and administration of the medical healthcare
and behavioral health services of the department and the secure psychiatric
unit.
(e)
The warden of the New Hampshire state prison for men shall be in charge of the operation of the New Hampshire state
prison for men, the care, custody, safety, and treatment of all persons under
departmental control housed at that facility, its security force, as well as
other employees with duty stations at the New Hampshire state prison for men.
(f)
The warden of the New Hampshire correctional facility
for women shall be in charge of the operation of the New Hampshire correctional
facility for women, the care, custody, safety, and treatment of persons under departmental
supervision and housed at that facility, its security force, as well as other
employees with duty stations at the correctional facility for women.
(g)
The warden of the northern New Hampshire correctional
facility shall be in charge of the operation of the northern New
Hampshire correctional facility, the care, custody, safety, and treatment of
its inmates, its security force, as well as other employees with duty stations
at the northern New Hampshire correctional facility.
(h)
The assistant commissioner shall have such powers and duties as are delegated
by the commissioner under RSA 21-H: 8, including but not limited to:
(1) Executive direction of all divisions of the department in the absence of the commissioner;
(2) Pre-screening of all federal grant and research requests;
(3) Department liaison with the state legislature;
(4) Liaison with employee
bargaining agents and the office of the state negotiator for collective bargaining matters in the absence of the commissioner;
(5) Supervising
the director of the division of medical and forensic services.
(6) Supervising the director of the division of community corrections and programs;
and
(7) Supervises the administrator of the bureau of business information unit.
(i) The director of
security and training shall be in charge of:
(1) Coordinating the development of security and safety related policies and procedures;
(2) Ensuring the consistency in the application of and the enforcement of these
security and safety-related policies and procedures;
(3) Supervision of the training bureau ensuring that annual training
programs, maintain correctional officer certifications and that non-uniform
training programs are applicable to staff needs;
(4) Oversight of staff safety, emergency management, the special emergency response
team, and fire prevention efforts;
(5) Supervision of the bureau
of classification and offender records ensuring that the classification system
is objective, efficient, and effective and that records are safely kept in an
appropriate fashion.
(j) The director of
professional standards shall be in charge of:
(1) Conducting and
supervising investigations and audits relating to all aspects of the operations
and programs of the department, including but not limited to, complaints and grievances;
(2) Coordinating
and recommending policies designed to promote economy, efficiency, and
effectiveness in the administration of the department, and to detect and
prevent fraud and abuse in departmental programs and operations;
(3) Advising the commissioner concerning problems or deficiencies relating to the
administration of departmental programs and operations, and provide advice on
the necessity for, and progress of, correctional action; and
(4) In addition, this position
performs other duties as assigned by the commissioner.
(k) The director of community corrections and
programs shall be in charge of:
(1) Directing and overseeing departmental
services for all persons under departmental control preparing for release from
institutional settings into the community;
(2) Supporting case management services for
individuals under probation or parole supervision in order to achieve stability
within the community and reduce recidivism;
(3) Operating and administering all transitional
housing units and the transitional work center
where all persons under departmental
control are assigned for minimum security and work release in a manner that
supports safety and successful community reintegration;
(4) Coordinating the department and
community-based service providers, state courts, and municipal, county, and
state entities with common issues and responsibilities that support individuals
in need of community-based services and supports; and
(5) Working with the department of justice and
other state and federal agencies to identify, secure, and manage grant funds to
supplement services available to all persons under departmental control,
including but not limited to housing and employment assistance, education,
health and wellness, and other community services.
Source. (See Revision Note #1 at
chapter heading for Cor 100) #7446, eff 2-6-01; ss by #12500,
eff 3-23-18 (See Revision Note #2 at chapter heading for Cor 100)
PART Cor 103 PUBLIC REQUESTS FOR INFORMATION
Cor 103.01 Point Of Contact.
(a)
Requests for general information relative to the overall operation of
the department of corrections and the departmental policies, goals
and objectives, shall be directed to:
Commissioner
Department Of
Corrections
105 Pleasant Street
PO Box 1806
Concord, NH
03302-1806
(603) 271-5600
(b)
Requests for information relative to persons serving periods of time as
probationers or parolees or information about probation or parole officers or
these programs, shall be directed to:
Director of Field
Services
Department Of
Corrections
105 Pleasant
Street
PO Box 1806
Concord, NH
03302-1806
603 271-5652
(c)
Requests for information relative to budgetary matters, fiscal
accounting, control of records of persons under departmental control, property
and supply accountability, contracts or grants, and correctional industries,
shall be directed to:
Director of
Administration
Department Of
Corrections
105 Pleasant
Street
PO Box 1806
Concord, NH
03302-1806
(603) 271-5600
(d)
Requests for information relative to persons under departmental control,
patients of the secure psychiatric unit or staff at the secure psychiatric unit
or the residential treatment unit, or the secure psychiatric unit or the
residential treatment unit's policies and operating routines, shall be directed
to:
Director of
Medical and Forensic Services
Department Of
Corrections
281 N. State
Street
PO Box 512
Concord, NH
03302-0512
(603) 271-1843
(e)
Requests for information relative to individual persons under
departmental control or staff at the New Hampshire state prison for men or the
New Hampshire state prison for men’s policies and operating routines shall be
directed to:
Warden
New Hampshire
State Prison
281 N. State
Street
PO Box 14
Concord, NH 03302-0014
(603) 271-1801
(f)
Requests for information relative to individual persons under departmental
control or staff at the New Hampshire correctional facility
for women or the New Hampshire correctional facility for women’s policies and
operating routines shall be directed to:
Warden
New Hampshire
State Prison For Women
42 Perimeter Road
Concord NH 03301
(603) 271-0206
(g)
Requests for information relative to individual persons under
departmental control or staff at the northern New Hampshire correctional
facility or the northern New Hampshire correctional facility’s policies
and operating routines shall be directed to:
Warden
Northern New
Hampshire Correctional Facility
138 East Milan
Road
Berlin, NH 03570
(603) 752-7759
(h)
Requests for information relative to the
classification and control of records of persons under departmental control, staff training / development, emergency preparedness, security
related matters, and equipment or fleet management shall be directed to:
Director of Security
and Training
Department of
Corrections
105 Pleasant
Street 4th Floor
PO Box 1806
Concord, NH 03302-1806
603-271-5603
(i) Requests for information
relative to case management services, transitional housing units and the
transitional work center, education, and programs shall be directed to;
Director of
Community Corrections and Programs
Department of
Corrections
105 Pleasant St
4th Floor
PO Box 1806
Concord, NH
03302-1806
(j) Requests for information relative
to the Prison Rape Elimination Act (PREA), disciplinary proceedings, claims
against the department, and investigations, and internal affairs shall be
directed to:
Professional
Standards Director
Department of
Corrections
105 Pleasant St,
4th Floor
PO Box 1806
Concord, NH
03302-1806
Source. (See Revision Note #1 at chapter heading for
Cor 100) #7446, eff
2-6-01; ss by #12500, eff 3-23-18
(See Revision Note #2 at chapter heading
for Cor 100)
CHAPTER Cor
200 PRACTICE AND PROCEDURE
Document #7447, effective 2-6-01, made
extensive changes from the wording, format, and numbering of rules in former
Chapter Cor 200, which had expired 3-20-98.
Document #7447 replaces all prior filings for the sections in Chapter
Cor 200.
The prior filings affecting one or
more sections in the former Chapter Cor 200 include the following documents:
#2786,
effective 8-1-84 |
#3045(E),
EMERGENCY, effective 7-1-85 |
#3132,
effective 10-4-85 |
#4475,
effective 8-29-88 |
#5243,
EMERGENCY, effective 10-4-91, EXPIRED 2-1-92.
Entire chapter expired except for rules in Documents #4474 and #4911. |
#5362,
effective 3-20-92, EXPIRED 3-20-98 Entire chapter expired 3-20-98. |
PART Cor 201 PURPOSE AND APPLICABILITY
Cor 201.01 Purpose. The purpose of this chapter is to provide
rules of practice and procedure for adjudicative proceedings conducted by the
department of corrections.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
Cor 201.02 Applicability. The rules in this chapter shall not apply to
persons who are departmental employees or under departmental custody or
supervision.
Source.
(See Revision Note at chapter heading
for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM,
eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
PART Cor 202 DEFINITIONS
Cor 202.01 Definitions.
(a) “Appearance” means a written
notification to the department that a party or a party’s representative intends
to actively participate in a hearing.
(b)
“Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I,
namely, “the procedure to be followed in contested cases, as set forth in RSA
541-A:31 through RSA 541-A:36.”
(c)
“Motion” means a request to the presiding officer for an order or ruling
directing some act to be done in favor of the party making the motion,
including a statement of justification or reasons for the request.
(d)
“Natural person” means a human being.
(e)
“Party” means each person named or admitted as a party, or properly
seeking and entitled as a right to be admitted as a party, including all
interveners in a proceeding, subject to any limitations established pursuant to
RSA 541-A:32, III.
(f)
“Person” means any individual, partnership, corporation, association,
governmental subdivision, agency, or public or private organization of any
character excluding departmental employees or individuals under departmental
custody or supervision.
(g) “Presiding officer” means that
natural person to whom the commissioner has delegated the authority to preside
over a proceeding.
(h)
“Proof by a preponderance of the evidence” means a demonstration by
admissible evidence that a fact or legal conclusion is more probable than not to
be true.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
PART Cor 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES
Cor 203.01 Presiding Officer; Appointment; Authority.
(a)
All hearings shall be conducted for the department by a natural person
authorized by the commissioner to serve as a presiding officer.
(b)
A presiding officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution of an appeal;
(3) Administer oaths and affirmations;
(4) Receive
relevant evidence at hearings and exclude irrelevant, immaterial or unduly
repetitious evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer's own motion;
(6) Question any person who testifies;
(7) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI; and
(8) Take any other action consistent with
applicable statutes, rules and case law necessary to
conduct the hearing and complete the record in a fair and timely manner.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
Cor 203.02
Withdrawal of Presiding Officer or Agency Official.
(a)
Upon his or her own initiative or upon the motion of any party, a
presiding officer or department official shall, for good cause withdraw from
any hearing.
(b) Good cause shall exist if a presiding officer
or department official:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship
with any party;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(3) Personally believes
that he or she cannot fairly judge the facts of a case.
(c)
Mere knowledge of the issues, the parties or any witness shall not
constitute good cause for withdrawal.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
Cor 203.03 Waiver or Suspension of Rules by Presiding
Officer. The presiding officer, upon
his or her own initiative or upon the motion of any party, shall suspend or
waive any requirement or limitation imposed by this chapter upon reasonable
notice to affected persons when the proposed waiver or suspension appears to be
lawful, and would be more likely to promote the fair, accurate and efficient
resolution of issues pending before the department than would adherence to a
particular rule or procedure.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
PART Cor 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS
Cor 204.01 Date of Issuance or Filing. All written documents governed by these rules
shall have a rebuttable presumption of having been issued on the date noted on
the document and to have been filed with the department on the actual date of
receipt by the department, as evidenced by a date stamp placed on the document
by the department in the normal course of business.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
Cor 204.02 Format of Documents.
(a)
All correspondence, pleadings, motions or other
documents filed under these rules shall:
(1) Include the title and docket number of the
proceeding, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the party or proponent of the
document, or, if the party appears by a representative, by the representative; and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties to the proceeding in compliance
with Cor 204.03.
(b)
A party or representative's signature on a document filed with the
department shall constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds
to support it; and
(4) The document has not been filed for purposes
of delay.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
Cor 204.03 Delivery of Documents.
(a)
Copies of all petitions, motions, exhibits, memoranda, or other
documents filed by any party to a proceeding governed by these rules shall be
delivered by that party to all other parties to the proceeding.
(b)
All notices, orders, decisions or other
documents issued by the presiding officer or department shall be delivered to
all parties to the proceeding.
(c)
Delivery of all documents relating to a proceeding shall be made by
personal delivery or by depositing a copy of the document, by first class mail,
postage prepaid, in the United States mail, addressed to the last address given
to the department by the party.
(d)
When a party appears by a representative, delivery of a document to the
party's representative at the address stated on the appearance filed by the
representative shall constitute delivery to the party.
Source.
(See Revision Note at chapter heading for Cor 200) #7447, eff
2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18
PART Cor 205 TIME
PERIODS
Cor 205.01 Computation of Time.
(a)
Unless otherwise specified, all time periods referenced in this chapter
shall be calendar days.
(b)
Computation of any period of time referred to in these rules shall begin
with the day after the action which sets the time period in motion,
and shall include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday or
legal holiday.
Source.
(See Revision Note at chapter heading for Cor 200) #7447, eff
2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18
PART Cor 206 MOTIONS
Cor 206.01 Motions; Objections.
(a)
Motions shall be in written form and filed with the presiding officer,
unless made in response to a matter asserted for the first time at a hearing or
on the basis of information which was not received in
time to prepare a written motion.
(b)
Oral motions and any oral objection to such motions shall be recorded in
full in the record of the hearing. If
the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding
officer shall direct the moving party to submit the motion in writing, with
supporting information.
(c)
Objections to written motions shall be filed within 30 days of the date
of the motion.
(d)
Failure by an opposing party to object to a motion shall not in and of
itself constitute grounds for granting the motion.
(e)
The presiding officer shall rule upon a motion after full consideration
of all objections and other factors relevant to the motion.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
PART Cor 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING
CONFERENCES
Cor 207.01 Commencement of Hearing. A hearing shall be commenced by an order of
the department giving notice to the parties as required by Cor 207.03.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
Cor 207.02 Docket Numbers. A docket number shall be assigned to each
matter to be heard which shall appear on the notice of hearing and all
subsequent orders or decisions of the department.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
Cor 207.03
Notice of Hearing.
(a)
A notice of a hearing issued by the department shall contain:
(1) A statement of the time, place and nature of
any hearing;
(2) A statement of the legal authority under
which a hearing is to be held;
(3) A reference to the particular statutes and
rules involved including this chapter;
(4) A short and plain statement of the issues
presented; and
(5) A statement that each party has the right to
have an attorney present to represent them at their own expense.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
Cor 207.04
Appearances and Representation.
(a) A party or the party’s
representative shall file an appearance that includes the following
information:
(1) A brief identification of the matter;
(2) A statement as to whether
or not the representative is an attorney and if so, whether the attorney
is licensed to practice in New Hampshire; and
(3) The party or representative's daytime address
and telephone number.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A,
eff 7-8-09; ss by #12501, eff 3-23-18
Cor 207.05 Prehearing Conference. Any party may request, or the presiding
officer shall schedule on his or her own initiative, a prehearing conference in
accordance with RSA 541-A:31, V to consider:
(a)
Offers of settlement;
(b)
Simplification of the issues;
(c)
Stipulations or admissions as to issues of fact or proof by consent of
the parties;
(d)
Limitations on the number of witnesses;
(e)
Changes to standard procedures desired during the hearing by consent of
the parties;
(f)
Consolidation of examination of witnesses; or
(g)
Any other matters which aid in the disposition of the proceeding.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES:
8-3-09; ss by #9507-A, eff 7-8-0909;
ss by #12501, eff 3-23-18
PART Cor 208 ROLES OF AGENCY STAFF AND COMPLAINANTS
Cor 208.01 Role of Agency Staff in Enforcement or
Disciplinary Hearings. Unless called
as witnesses, agency staff shall have no role in any enforcement or
disciplinary hearing.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09;
ss by #9507-A, eff 7-8-09;
ss by #12501, eff 3-23-18
Cor 208.02 Role of Complainants in Enforcement or
Disciplinary Hearings. Unless called
as a witness or granted party or intervenor status, a person who initiates an
adjudicative proceeding by complaining to an agency about the conduct of a
person who becomes a party shall have no role in any enforcement or
disciplinary hearing.
Source. #9507-A, eff 7-8-09; ss by #12501, eff 3-23-18
PART Cor 209 CONTINUANCES
Cor 209.01 Continuances.
(a)
Any party or intervenor may make an oral or written motion that a
hearing be delayed or continued to a later date or time.
(b)
A motion for a delay or a continuance shall be granted if the presiding
officer determines that a delay or continuance would likely assist in resolving
the case fairly, such as by allowing for the presence of a necessary party or
witness who was unavoidably unavailable, and would not
be contrary to law.
(c)
If the later date, time and place to which the
hearing will be delayed or continued are known at the time of ruling on a
motion, the information shall be stated on the record. If the later date, time,
and place are not known at that time, the presiding officer shall as soon as
practicable issue a written scheduling order stating the date, time, and place
of the delayed or continued hearing.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff
7-8-09; ss by #12501, eff 3-23-18
PART Cor 210 INTERVENTION
Cor 210.01 Intervention.
(a)
A person may intervene in a matter pending before the department under
the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating
that the person's rights or other substantial interests might be affected by
the proceeding or that the person qualifies as an intervenor under any
provision of law.
(b)
If the presiding officer determines that such intervention would be in
the interests of justice and would not impair the orderly and prompt conduct of
the hearing, he or she shall grant the motion for intervention.
(c)
An intervenor shall be entitled to participate in a hearing as a party,
except as noted in (d) and (e), below.
(d)
The presiding officer shall as necessary to
promote the orderly and prompt conduct of the hearing impose conditions upon
the intervenor’s participation in the proceedings.
(e)
These conditions shall include, but are not limited to:
(1) Limitation of the intervenor’s participation
to designated issues in which the intervenor has a particular interest
demonstrated by the petition;
(2) Limitation of
the intervenor’s use of cross-examination and other procedures so as to promote the orderly and prompt conduct of the
proceedings; and
(3) Requiring 2 or more intervenors to combine
their presentations of evidence and argument, cross-examination, and other
participation in the proceedings.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09,
EXPIRES: 8-3-09; ss by #9507-A, eff
7-8-09 (from
Cor 208.01); ss by #12501, eff 3-23-18
PART Cor 211 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING
Cor 211.01 Postponements.
(a)
Any party to a hearing may make an oral or written motion that a hearing
be postponed to a later date or time.
(b)
If a postponement is requested by a party to the hearing, it shall be
granted if the presiding officer determines that good cause has been
demonstrated. Good cause shall include
the unavailability of parties, witnesses, or representatives necessary to
conduct the hearing, the likelihood that a hearing will not be necessary
because the parties have reached a settlement or any other circumstances that
demonstrate that a postponement would assist in resolving the case fairly.
(c)
If the later date, time and place are known at
the time of the hearing that is being postponed, the date, time and place shall
be stated on the record. If the later
date, time, and place are not known at the time of the hearing that is being
postponed, the presiding officer shall issue a written scheduling order stating
the date, time, and place of the postponed hearing as soon as practicable.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff
7-8-09 (from
Cor 209.01); ss by #12501, eff 3-23-18
Cor 211.02
Failure to Attend Hearing.
If any party to whom notice has been given in accordance with Cor 207.03
fails to attend a hearing, the presiding officer shall declare that party to be
in default and either:
(a)
Dismiss the case, if the party with the burden of proof fails to appear;
or
(b)
Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff
7-8-09 (from
Cor 209.02); ss by #12501,
eff 3-23-18
PART Cor 212 REQUESTS FOR INFORMATION OR DOCUMENTS
Cor 212.01 Voluntary Production of Information. Each party shall attempt in good faith to
make a complete and timely response to requests for the voluntary production of
information or documents relevant to the hearing.
Source.
(See Revision Note at chapter heading for Cor 200) #7447, eff
2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 210.01);
ss by #12501, eff 3-23-18
Cor 212.02 Mandatory Pre-Hearing Disclosure of Witnesses
and Exhibits. At least 5 days before
the hearing the parties shall exchange a list of all witnesses to be called at
the hearing with a brief summary of their testimony, a
list of all documents or exhibits to be offered as evidence at the hearing, and
a copy of each document or exhibit.
Source.
(See Revision Note at chapter heading for Cor 200) #7447, eff
2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09 (from Cor 210.02); ss
by #12501, eff 3-23-18
PART Cor 213 RECORD, PROOF, EVIDENCE AND DECISIONS
Cor 213.01 Record of the Hearing.
(a)
The department shall record the hearing by audio recording or other
method that will provide a verbatim record.
(b)
If any person requests a transcript of the audio record, the department
shall cause a transcript to be prepared and, upon receipt of payment for the cost
of the transcription, shall provide copies of the transcript to the requesting
party.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff
7-8-09
(from Cor 211.01); ss by #12501, eff 3-23-18
Cor 213.02 Standard and Burden of Proof. The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff
7-8-09
(from Cor 211.02); ss by #12501, eff 3-23-18
Cor 213.03 Testimony; Order of Proceeding.
(a)
Any person offering testimony, evidence or arguments shall state for the
record his or her name, and role in the proceeding. If the person is representing another person,
the person being represented shall also be identified.
(b)
Testimony shall be offered in the following order:
(1) The party or parties bearing the burden of
proof and such witnesses as the party may call;
and
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party may call.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff
7-8-09
(from Cor 211.03); ss by #12501, eff 3-23-18
Cor 213.04 Evidence.
(a)
Receipt of evidence shall be governed by the provisions of RSA 541-A:33.
(b)
All documents, materials and objects offered as exhibits shall be
admitted into evidence unless excluded by the presiding officer as irrelevant,
immaterial, unduly repetitious, or legally privileged.
(c)
All objections to the admissibility of evidence shall be stated as early
as possible in the hearing, but not later than the time when the evidence is
offered.
(d)
Transcripts of testimony and documents or other materials, admitted into
evidence shall be public records unless the presiding officer determines that
all or part of a transcript or document is exempt from disclosure under RSA
91-A:5 or applicable case law.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff
7-8-09
(from Cor 211.04); ss by #12501, eff 3-23-18
Cor 213.05 Proposed Findings of Fact and Conclusions
of Law.
(a) Any party may submit proposed
findings of fact and conclusions of law to the presiding officer prior to or at
the hearing.
(b)
Upon request of any party, or if the presiding officer determines that
proposed findings of fact and conclusions of law would serve to clarify the
issues presented at the hearing, the presiding officer shall specify a date
after the hearing for the submission of proposed findings of fact and conclusions
of law.
(c)
In any case where proposed findings of fact and conclusions of law are
submitted, the decision shall include rulings on the proposals.
Source. (See Revision Note at chapter heading for Cor
200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff
2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff
7-8-09
(from Cor 211.05; ss by #12501, eff 3-23-18
Cor 213.06 Closing the Record.
(a)
After the conclusion of the hearing, the record shall be closed and no
other evidence shall be received into the record, except as allowed by
paragraphs (b) of this section and Cor 213.07.
(b)
Before the conclusion of the hearing, a party may request that the
record be left open to allow the filing of specified evidence not available at
the hearing. If the other parties to the
hearing have no objection or if the presiding officer determines that such
evidence is necessary to a full consideration of the issues raised at the
hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.
Source. #9507-A, eff 7-8-09 (from Cor 211.06);
ss by #12501, eff 3-23-18
Cor 213.07 Reopening the Record. At any time prior to the issuance of the decision
on the merits, the presiding officer, on the presiding officer’s own initiative
or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or
arguments not previously received, if the presiding officer determines that
such testimony, evidence or arguments are necessary to a full and fair
consideration of the issues to be decided.
Source. #9507-A, eff 7-8-09 (from Cor 211.07); ss
by #12501, eff 3-23-18
Cor 213.08 Decisions.
(a)
A departmental official shall not participate in making
a decision unless he or she personally heard the testimony in the case,
unless the matter’s disposition does not depend on the credibility of any
witness and the record provides a reasonable basis for evaluating the
testimony.
(b)
If a presiding officer has been delegated the authority to conduct a
hearing in the absence of a majority of the officials
of the department who are to render a final decision, the presiding officer
shall submit to the department a written proposal for decision, which shall
contain a statement of the reasons for the decision and findings of fact and
rulings of law necessary to the proposed decision.
(c)
If a proposal for decision in a matter not personally heard by departmental
official is adverse to a party to the proceeding other
than the department itself, the department shall serve a copy of the proposal
for decision on each party to the proceeding and provide an opportunity to file
exceptions and present briefs and oral arguments to the department.
(d)
A proposal for decision shall become a final decision upon its approval
by the department.
(e)
The department shall keep a decision on file in its records for at least
5 years following the date of the final decision or the date of the decision on
any appeal, unless the director of the division of records management and
archives of the department of state sets a different retention period pursuant
to rules adopted under RSA 5:40.
Source. #9507-A,
eff 7-8-09 (from Cor 211.08); ss
by #12501, eff 3-23-18
PART Cor 214 PUBLIC COMMENT HEARINGS FOR RULEMAKING
Cor 214.01 Purpose. The purpose of this part is to provide rules
of practice and procedure for the conduct of public hearings at which comment
from the general public will be solicited for
evaluation and consideration by the department relative to the adoption,
amendment or repeal of a departmental rule pursuant to RSA 541-A.
Source. #9507-A,
eff 7-8-09 (from Cor 212.01);
ss by #12501, eff 3-23-18
Cor 214.02 Scope.
(a)
These rules shall apply to all hearings required by law to be conducted
by the department at which public comment shall be solicited pursuant to RSA
541-A:11.
Source. #9507-A,
eff 7-8-09 (from Cor 212.02);
ss by #12501, eff 3-23-18
Cor 214.03 Notice.
(a)
A public comment proceeding concerning rulemaking shall be commenced by
publishing notice of the hearing in the “Rulemaking Register” so that it shall
appear at least 20 days prior to the hearing date.
(b)
Notice of rulemaking comment hearings shall comply with RSA 541-A:6.
Source. #9507-A,
eff 7-8-09 (from Cor 212.03);
ss by #12501, eff 3-23-18
Cor 214.04 Moderator.
(a)
The hearing shall be presided over by the moderator, who shall be the
commissioner or designee.
(b) The moderator shall:
(1) Call the hearing to order;
(2) Cause a recording of the hearing to be made;
(3) When a group or organization wishes to
comment, limit the group to no more than 3 persons, provided that the members
who are present may enter their names and address into the record as supporting
the position by the group or organization;
(4) Recognize those who wish to be heard, and
establish the order thereof;
(5) Limit equally the time available to each
speaker based upon the number of speakers who request to be heard;
(6) Recognize a speaker;
(7) Revoke recognition of a speaker who speaks or
acts in an abusive or disruptive manner;
(8) Revoke recognition of a speaker who refuses
to keep comments relevant to the issues that are the subject of the hearing;
(9) Remove or have removed any person who disrupts
the hearing;
(10) Adjourn the hearing; and
(11) Provide opportunity for the submission of
written comments consistent with the notice published in the rulemaking
register.
Source. #9507-A,
eff 7-8-09 (from Cor 212.04);
ss by #12501, eff 3-23-18
Cor 214.05 Public Participation.
(a)
Any person who wishes to speak on the issues that are the subject of the
hearing shall list both name and address on a speakers’ list. All whose names
appear on the list may speak at the hearing.
(b)
Written comments may be submitted any time from the time notice has been
published until the record has been close by the moderator, which shall be
consistent with the notice published in the rulemaking register.
Source. #9507-A,
eff 7-8-09 (from Cor 212.05); ss
by #12501, eff 3-23-18
PART Cor 215 PETITIONS TO THE DEPARTMENT
Cor 215.01 Petitions for Adoption, Amendment, or
Repeal of a Rule.
(a)
Any interested person may petition the department, through the
commissioner, requesting the adoption, amendment or
repeal of a rule.
(b)
Such petitions shall conform to the applicable requirements set forth in
Cor 215.03.
(c)
Such petitions shall be received and handled in the following manner:
(1) Petitions shall be submitted to the
commissioner's office;
(2) If the commissioner determines that the
petition is deficient, the commissioner shall, within 10 working days of
receipt of the petition notify the petitioner and give the petitioner the
opportunity to amend the petition; and
(3) Within 30 days of the receipt of a petition
that complies with these rules, the commissioner shall take one of the
following actions:
a. Initiate the requested procedure in
accordance with RSA 541-A:3, if the requested action is:
1. Within the department's authority; and
2. Consistent with and best implements state
statutes affecting the department; or
b. Deny the petition, in writing, stating fully
the reasons for denial.
Source. #9507-A,
eff 7-8-09 (from Cor 213.01); ss
by #12501, eff 3-23-18
Cor 215.02 Petitions for Declaratory Rulings.
(a)
Any interested person may petition the department, through the
commissioner, requesting a declaratory ruling on the applicability of any
statute or rule administered or enforced by the department.
(b)
Such petitions shall conform to the applicable requirements set forth in
Cor 215.03.
(c)
Such petitions shall be received and handled in the following manner:
(1) Petitions shall be submitted to the commissioner's
office;
(2) If the commissioner determines that a
petition is deficient in any respect, the commissioner shall, within 10 working
days of receipt of the deficient petition, notify the petitioner in writing of
the specific deficiencies and allow the petitioner to amend the petition; and
(3) When a conforming petition for declaratory
ruling has been received, the commissioner shall take one of the following
actions:
a. Issue a declaratory ruling responsive to the
petition within 60 days; or
b. If deemed necessary, request the opinion of
the department of justice within 20 working days, and issue a responsive
declaratory ruling within 20 working days of receipt of the department of
justice's reply.
Source. #9507-A,
eff 7-8-09 (from Cor 213.02); ss
by #12501, eff 3-23-18
Cor 215.03
Petition Information. Each
petition for adoption, amendment, repeal of a rule, or for a declaratory ruling
shall:
(a)
Be in legible written form and addressed to the:
Commissioner
Department Of
Corrections
105 Pleasant
Street
PO Box 1806
Concord, NH
03302-1806
(b)
Include the petitioner's name and address and, if applicable, the name
and address of the organization with which the petitioner is associated and the
petitioner's representative;
(c)
State in detail, where applicable, why the department should make
such a ruling;
(d)
Cite, where applicable, the rule to be amended or repealed and specify
any amendments to be made;
(e)
Where the adoption of a new rule is proposed, the petition shall provide
the text of the proposed rule;
(f)
In the case where a declaratory ruling is sought, the petitioner shall
cite the statute or rule and provide all information in the petitioner's
possession or available to the petitioner, which is material to the declaratory
ruling; and
(g)
Be signed and dated.
Source. #9507-A,
eff 7-8-09 (from Cor 213.03); ss
by #12501, eff 3-23-18
PART Cor 216 EXPLANATION OF ADOPTED RULES
Cor 216.01 Requests for Explanation of Adopted Rules. Pursuant to RSA 541-A: 11, VII, any
interested person may, within 30 days of the final adoption of a rule, request
a written explanation of that rule by making a written request to the commissioner
including:
(a)
The name and address of the person making the request; or
(b)
If the request is that of an organization or other entity, the name and
address of such organization or entity, and the name and address of the representative
authorized by the organization or entity to make the request.
Source. #9507-B, eff 7-8-09,
EXPIRED: 7-8-17
New. #12395, INTERIM, eff
9-29-17, EXPIRES: 3-28-18; ss by #12501,
eff 3-23-18
Cor 216.02 Contents of Explanation. The commissioner shall, within 90 days of
receiving a request in accordance with Cor 216.01, provide a written response
which:
(a)
Concisely states the meaning of the rule adopted;
(b)
Concisely states the principal reasons for and against the adoption of
the rule in its final form; and
(c)
States, if applicable, why the commissioner did not accept arguments and
considerations presented against the rule.
Source. #9507-B, eff 7-8-09,
EXPIRED: 7-8-17
New. #12395, INTERIM, eff
9-29-17, EXPIRES: 3-28-18; ss by #12501,
eff 3-23-18
PART Cor 217 WAIVER
Cor 217.01 Waiver of Rules other than Cor 200.
(a)
Any interested person may request the commissioner to waive a rule. A
waiver shall be requested by filing a petition that identifies the rule in
question and sets forth the specific facts and arguments that support the
waiver.
(b)
Petitions for waiver shall address, at a minimum, whether:
(1) Adherence to the rule would cause the petitioner
hardship, in that the burden to the petitioner of adherence to the rule would
far outweigh the rationale for the rule;
(2) Waiver of the rule would be consistent with
the statutes and regulatory programs administered by the department;
(3) Waiver of the rule would injure third
persons; and
(4) Waiver is necessary due to factors outside
the control of the petitioner.
(c)
If examination of the petition reveals that the proposed relief might
substantially affect other persons, the commissioner shall require the
petitioner to provide notice to those persons. The department shall afford
affected persons the opportunity for hearing prior to ruling on the request for
waiver.
(d)
A petition for waiver of a rule that does not allege material facts, which,
if true, would be sufficient to support the requested waiver, shall be denied
without further notice or hearing.
(e)
The commissioner shall issue a written decision on a request for waiver
within 30 days of the receipt of a complete petition. A request for waiver
shall be granted for good cause.
(f)
For the purposes of this section, good cause shall be deemed to exist
if, at a minimum, the petitioner has demonstrated that:
(1) Adherence to the rule would cause the
petitioner hardship, in that the burden to the petitioner of adherence to the
rule would far outweigh the rationale for the rule;
(2) Waiver of the rule would be consistent with
the statutes and regulatory programs administered by the department;
(3) Waiver of the rule would not injure third
persons; and
(4) Waiver is necessary due to factors outside
the control of the petitioner.
Source. #9507-B, eff 7-8-09,
EXPIRED: 7-8-17
New. #12395, INTERIM, eff
9-29-17, EXPIRES: 3-28-18; ss by #12501,
eff 3-23-18
CHAPTER Cor 300 OPERATION AND
MANAGEMENT OF CORRECTIONS DEPARTMENT ACTIVITIES
REVISION
NOTE #1:
Document #7448, effective 2-6-01, made
extensive changes from the numbering, and some changes from the wording and
format, of rules in former Chapter Cor 300, which had expired 3-20-98. Document #7448 replaced all prior filings for
the sections in Chapter Cor 300.
The prior filings affecting one or
more sections in the former Chapter Cor 300 included the following documents:
#2721(E),
EMERGENCY, effective 5-23-84 |
#2786,
effective 8-1-84 |
#2942,
effective 12-31-84 |
#3045(E),
EMERGENCY, effective 7-1-85 |
#3132,
effective 10-4-85 |
#4043,
effective 4-25-86 |
#4124,
effective 8-28-86 |
#4293,
effective 7-16-87 |
#4294,
effective 7-16-87 |
#4476,
effective 8-29-88 |
#4477,
effective 8-29-88 |
#4478,
effective 8-29-88 |
#4479,
effective 8-29-88 |
#4524,
effective 11-2-88 |
#4910,
effective 8-20-90 |
#5243,
EMERGENCY, effective 10-4-91, EXPIRED 2-1-92.
Entire chapter expired except for rules in Documents #4474 and #4911. |
#5362,
effective 3-20-92, EXPIRED 3-20-98 Entire chapter expired 3-20-98. |
Document
#12502, effective 3-23-18, readopted with amendments
Chapter Cor 300 on operations and management of Corrections Department
activities. Document #12502 made extensive
changes to the wording, format, structure, and numbering of rules in Chapter Cor
300.
Document #12502 replaces all prior
filings for rules in Chapter Cor 300. The
prior filings affecting rules in Chapter Cor 300 included the following
documents:
#7448, eff
2-6-01
#9383, INTERIM, eff 2-3-09
#9508, eff
7-8-09, EXPIRED 7-8-17
#12396, INTERIM, eff 9-29-17
Revision Note #3:
Document #12791, effective 5-25-19,
readopted with amendments and renumbered Cor 403.10, titled “Inmate Request Slip”,
as Part Cor 312, titled “Request Slips”, containing Cor 312.01, titled “Request
Slip.”
Document
#12791 replaces all prior filings for the former rule Cor 403.10. The prior
filings affecting the former rule Cor 403.10 included the following documents:
#7449,
eff 2-6-01 (as Cor 402.14)
#9384,
INTERIM, eff 2-3-09 (as Cor 402.14)
#9509,
eff 7-8-09, EXPIRED 7-8-17 (as Cor 402.14)
#12397, INTERIM, eff
9-29-17 (as Cor 402.14)
#12503,
eff 3-23-18 (as Cor 403.10)
Revision Note #4:
Document #13154, effective 1-5-21,
readopted with amendments Part Cor 305, titled “Access of Visitors to
Facilities of the Department of Corrections”, and re-titled the rule as “Access
to the Facilities and Grounds of the NH Department of Corrections”. Document
#13154 also readopted with amendments Part Cor 312, titled “Request Slips”, and
readopted with amendments Cor 313.03, titled “Practice”, and re-titled the rule
as “Grievance Procedures”. Lastly,
Document #13154 readopted with amendments and renumbered Cor 301.05, titled “Mail”,
as Part Cor 314, re-titled as “Resident Mail, Electronic Messaging, and Package
Service.”
Document #13154 replaces the prior
filing Document #12502 discussed in Revision Note #2 for former Cor 301.05 and
former Part Cor 305. Document #13154
also replaces the prior filing Document #12972, effective 5-25-19, for former
rule Cor 313.03. Lastly, Document #13154
also replaces the prior filing Document #12791 discussed in Revision Note #3
for former Part Cor 312.
PART Cor 301 STANDARDS OF OPERATION, MANAGEMENT AND
ADMINISTRATION OF STATE CORRECTIONS FACILITIES
Cor 301.01 – Cor 301.04 Reserved
and Moved to Cor 700
Cor 301.05 Reserved and Moved to Cor 314
PART Cor 302 STANDARDS FOR THE MANAGEMENT AND OPERATION OF
REHABILITATION RELATED PROGRAMS
Cor 302.01 Academic and Vocational Education.
(a)
The department shall provide an array of academic and vocational
programs such as remedial reading and remedial math as well as high school and
high school equivalency subjects. The
staff shall consist of at least 5 full-time teachers, at least one of whom
shall be certified by the New Hampshire department of education in special
education. Teachers and vocational
instructors shall be certified by the New Hampshire department of
education. One of the staff shall be
designated as education director, who shall be certified by the department of
education as a principal. The education
director shall be responsible for designing and implementing academic
programs. The education director shall
ensure that the career and technical education curriculum is designed with a
transition to community based employment opportunities
as its base.
(b)
During the quarantine period staff from the education unit shall orient
each new arrival as to services provided by the academic and vocational programs,
shall obtain an educational history, a work history, vocational goals, and
administer such tests as necessary to determine the person under departmental
control’s academic functioning pursuant to Cor 403.03 (a). Appropriate
assessments shall be administered to identify and address the specific educational
needs of students determined eligible for special education under the terms
established by the interagency agreement between the department of education
and the department of corrections as prescribed in RSA 194:60. This information shall be used in conjunction
with the classification system in recommending that prospective students
participate in a course of instruction designed to improve the likelihood that,
upon release, they shall be able to live at liberty without violating the law.
(c) The department shall provide as wide a range
of academic and vocational opportunities as reasonably possible and which shall
include high school equivalency preparation, remedial instruction, high school
academic, and vocational courses as defined by the interagency agreement,
individual tutoring, and correspondence courses.
(d) High school diplomas shall be awarded under
the provisions of the interagency agreement.
(e) Curriculum, facilities, and equipment shall
be provided to deliver the academic and vocational programs.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
Cor 302.02 Guidance. Re-entry programs shall be provided that
include vocational testing and counseling.
Re-entry classes shall assist in preparing persons under departmental
control for parole or unsupervised release and prepare persons under departmental
control to seek and hold jobs upon their release.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
Cor 302.03 Diagnosis, Counseling, and Therapy. Reserved
and Moved to Cor 505.01 and Cor 505.02
Cor 302.04 Work for Persons under Departmental Control.
(a) Each person under departmental
control at a departmental facility shall be afforded the opportunity to
work. No person under departmental control
shall involuntarily wait for a job assignment longer than 60 days.
(b) Persons under departmental control
who by virtue of age, physical incapacity, or mental incapacity cannot work
shall not be required to work but such person under departmental control shall
have the opportunity to participate in other vocational training, education,
and recreation programs commensurate with their physical or mental ability. Prior to removing such a person under
departmental control from a job and placing the person under departmental
control in non-working status on a permanent basis, staff from the division of
medical and forensic services shall provide classification staff with
information substantiating the medical or behavioral capacity issues warranting
this decision.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
Cor 302.05 Library.
(a) Persons under departmental control and
patients of the secure psychiatric unit shall have access to a law library to
assist them in accessing the courts to challenge their convictions or their
conditions of confinement pursuant to the requirements of Lewis, Director of the Arizona Department of Corrections v. Casey,
516 US 804 (1996), except as noted in (c) below.
(b) Law library access shall consist of:
(1)
Physical attendance at the law library;
(2)
Access by mail requesting that law library materials be sent to them; or
(3)
Individual virtual access through hardware and software resources to law
library materials.
(c) In the event that persons under departmental
control or patients of the SPU do not have access to the law library as
outlined in (b), above, they shall have access to someone trained in legal research
to assist them in accessing the courts to challenge their convictions or their
conditions of confinement pursuant to the requirements of Lewis, Director of the Arizona Department of Corrections v. Casey,
516 US 804 (1996).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
Cor 302.06 Religious Activities.
(a) Religious programs, individual religious
counseling, or both shall be offered to all persons under departmental control
and patients of the SPU. Persons under
departmental control and patients shall be able to participate in religious
activities appropriate to their custody grade and housing assignment, as
follows:
(1)
Persons under departmental control and patients of the SPU in minimum,
medium, and close security settings shall be able to attend group religious activities;
(2)
Persons under departmental control and patients of the SPU during
quarantine cycle, in punitive segregation, on pending administrative review
status, and in maximum custody status shall have access only to individual
religious counseling and group religious activities when available in their
respective housing units; and
(3) Patients in the secure psychiatric unit shall
have access only to individual religious counseling and group religious activities
in the secure psychiatric unit.
(b) The department shall encourage religious
volunteers to provide religious ministrations to persons under departmental
control and patients of the SPU.
(c) Proselytizing shall be prohibited.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
Cor 302.07 Recreation.
(a) The department shall provide at least one full
time recreation supervisor. The
recreation supervisor shall provide direct oversight and consultation to all
departmental facilities in organizing and implementing a program that affords
inmates athletic and leisure time activities.
These programs shall extend to all areas of each facility. The recreation supervisor or other
departmental staff so tasked shall select and train persons under departmental
control to be assistants to help each facility implement and maintain a program
which includes both organized and individual athletic and leisure undertakings.
(b) Physical space shall be provided for both the
athletic and other leisure time activities.
(c) Both athletic and leisure time activities shall
promote a holistic approach to individual health and wellness.
(d) The secure psychiatric unit and the
residential treatment unit shall provide appropriate structured therapeutic
recreational activities for persons under departmental control and patients of
the SPU.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
PART Cor 303 STANDARDS FOR HEALTH AND MEDICAL CARE IN
CORRECTIONS FACILITIES Reserved and Moved to Cor 501 and Cor 502
PART Cor 304 STANDARDS FOR TREATMENT AT THE SECURE PSYCHIATRIC
UNIT Reserved and Moved to Cor 504
PART Cor 305
ACCESS TO THE FACILITIES AND GROUNDS OF THE NH DEPARTMENT OF CORRECTIONS
Cor 305.01 Purpose. The purpose of this rule is to establish the procedure
through which the public, resident family and friends, clergy, official
government and social services representatives, and legal counsel may access
the grounds or visit residents confined within New Hampshire department of corrections
(NHDOC) facilities, which includes facilities within the division of community
corrections.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.02 Scope. This rule shall apply to all residents, the
public, any prospective visitors, and all departmental staff.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.03 Definitions.
(a) “C1” means a resident living in a
transitional housing unit.
(b) “C2” means a resident living at the transitional
work center.
(c) “C3” means a resident living in the general
population section of a prison facility.
(d) “C4” means a resident living in the close
custody unit.
(e) “C5” means a resident living in the special
housing unit or the special management unit.
(f) “Non-contact visit” means barriers, such as
glass partitions are in place that shall restrict contact between the resident
and his or her visitors.
(g) “Official business visitor” means any
attorneys, government officials, or representatives from other social service organizations,
which includes but is not limited to clergy, or other individuals who require a
visit with a NHDOC resident to conduct business within the scope of his or her
official duties.
(h) “Security threat groups” means a formal or
informal group of incarcerated persons that could affect the safety and
security of the institution, the public, staff, or other residents. They are what
was commonly referred to as prison gangs.
(i) “Special visit”
means a visit approved by the facility warden, director, or designee, to occur
during a resident’s non-assigned visiting hours, or a visitation by a person or
persons not on a resident’s approved visitors list.
(j) “Visitation control room” means an area
within the facility where security staff process arriving visitors.
(k) “Vulnerable adult” means an adult with a intellectual disability or
similar affliction who has been determined to be incompetent or unable to make
decisions by a court or medical authority.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.04 Visitor Requirement to Follow Rules.
(a) All visitors who visit, or go on, or cross
the grounds of a facility or area under the control of the NHDOC shall be
subject to the rules established in Cor 305.
Failure to follow such rules shall subject the visitor to removal from
the grounds, arrest, or prosecution.
(b) Everyone on prison grounds or in NHDOC
facilities, regardless of whether they are a resident, visitor, staff, or
anyone defined in some other category, shall be subject to search without
warning of their vehicles, possessions, and persons pursuant to Cor 306.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.05 Access to Departmental Facilities for
Informational or Educational Purposes.
(a) Any person who seeks access to departmental
facilities for the purpose of gathering information or data shall submit in
writing a request for access to a specific NHDOC facility to the commissioner
of corrections or his or her designee.
(b) Written requests for access shall contain the
following:
(1)
The name of the individual(s) requesting access to a facility, as well
as his or her organization if applicable;
(2)
The specific location and the time, date, and duration of the requested visit;
(3)
The purpose of the visit, which shall include specific information
related to how information will be gathered, which includes, but is not limited
to disclosure of the use of any computer/laptop, cellular, audio video
equipment, or photography equipment requested for use while in a NHDOC
facility; and
(4)
Contact information for the individual(s) and the organization if
applicable.
(c) Written requests shall be mailed to “State of
New Hampshire Department of Corrections, Office of the Commissioner, P.O. Box
1806, Concord, NH 03302”
(d) Requests shall be responded to by the commissioner
or his or her designee within 10 business days following the receipt of the
request for access. The commissioner shall approve the request as long as access would not jeopardize the safety or
security of residents, staff, or the public. The commissioner or designee shall
request additional information as needed, which includes, but is not limited
to, information explaining the scope of the requested access, additional individual or organizational information, or a completed
“Prospective Visitor Consent for Background Check Form” in accordance with Cor
305.15.
(e) Access shall be available to:
(1)
A person who is employed to gather or to assist in gathering information
or data by a news organization which includes, but is not limited to newspapers,
magazines, radio stations or networks, TV stations or networks, and cable networks;
(2)
A person who is engaged in gathering information or data on the subject of corrections for the purpose of informing
the public in the course of research activity; or
(3)
An educational or informational tour sponsored by a school or college, a
unit of local, state or federal government, or a
chartered community service organization.
(f) Everyone who applies for access shall abide
by all rules of the department except to the extent an exception has been
granted by the commissioner, or his or her designee as described in (g) below.
(g) Access shall be denied to anyone whose presence
would jeopardize the security or good order of the facility, such as unapproved
visitors, offenders on probation or parole with the exception
of tours by court order, individuals whose criminal history poses
legitimate security concerns as discovered through screening requirements as
described within (d) above, or individuals whose stated intention is to violate
department rules and directives.
(h) Access to NHDOC facilities shall include:
(1)
Tours of facilities;
(2)
Interviews with staff personnel;
(3)
Observation of particular activities or
programs; and
(4) Interviews with individual residents, provided
that the resident consents to the interview.
(i) Such access shall
be deemed a special media visit and shall comport to all requirements and
limitations set forth by the commissioner or designee. These limitations shall be made to ensure the
highest level of safety and security is maintained for the visitors, staff,
residents, and the public. Limitations
and requirements shall be subject to change at any time prior to, or during the
scheduled visit based on current conditions within NHDOC facilities.
(j) Every application for access shall specify
the purpose or purposes for which it is sought.
(k) The commissioner or designee shall grant the
application for access if he or she is satisfied that the requested access is
consistent with treatment programs, safety and, security,
and shall impose such conditions as are necessary, in his or her opinion, to
ensure effectiveness of treatment, safety and security, and minimal disruption
of the order of the facility.
(l) No visual or sound recordings shall be made
of any identifiable resident without the resident’s individual written consent.
(m) A tour shall be summarily terminated if the
person in charge of the facility or his or her representative believes that the
safety of NHDOC residents, staff, or visitors is in doubt, or if conditions of
the approval have been violated.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.06 Access to NHDOC Grounds for the Purpose of
Assembly.
(a) Individuals or groups seeking access to the
grounds, lands, or parking areas of any state correctional
facility or transitional housing unit operated by the NHDOC shall
require written authorization issued by the commissioner or his or her
designee.
(b) Written requests for access shall contain the
following:
(1)
The name of the individual(s) requesting access to the grounds of the
NHDOC, as well as his or her organization if applicable;
(2)
The specific location and the time, date, and duration of the requested access;
(3)
The purpose of the request for access, which shall include specific
information related to the purpose of the assembly, and any devices which will
be brought on NHDOC grounds which includes, but is not limited to disclosure of
the use of any signs, banners, audio video equipment such as megaphones or
public addressing equipment, computers, laptops, cellular devices, audio video
equipment, or photography equipment; and
(4)
Contact information for the individual(s) and the organization if
applicable.
(c) Written requests shall be mailed to:
State of New Hampshire
Department of Corrections
Office of the
Commissioner
P.O. Box 1806,
Concord, NH 03302
(d) Requests shall be responded to by the
commissioner or his or her designee within 10 business days following the
receipt of the request for access. The commissioner shall approve or deny the
request or ask for additional information, which includes, but is not limited
to, information explaining the scope of the requested access, additional individual or organizational information or a completed
“Prospective Visitor Consent for Background Check Form” in accordance with Cor
305.15.
(e) Requests shall be granted unless it is determined
that the assembly would compromise the safety and security of the facility, the
residents, staff or the public.
(f) Individual(s) or organization(s) failing to
obtain written authorization from the commissioner or designee prior to
assembling will be considered in violation of RSA 635:2(III)(4), Criminal Trespass.
(g) Individual(s) or organization(s) seeking
access for reasons other than assembly should apply for access as described
within Cor 305.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.07 Resident Access to Visitation Privileges.
(a) For residents seeking access to visitation, a
corrections counselor/case manager (CC/CM) shall review each resident’s NHDOC
Electronic Client Record (ECR) and documents within the Electronic Data Storage
Area (EDSA) to determine if the resident has a history of violent or sexual
crimes committed against children or adults.
(b) The CC/CM shall initiate the records review by
preparing a NHDOC “Resident Visitation Enrollment and Routing Form.”
(c) NHDOC staff shall provide the following
information on the NHDOC “Resident Visitation Enrollment and Routing Form” and
forward it to the next applicable staff location as follows:
(1)
The CC/CM shall provide the following:
a. The resident’s full legal name;
b. The resident’s NHDOC identification number;
c. The date the review was initiated;
d. The name of the CC/CM assigned to initiate
the review;
e. All current and previous applicable charges;
and
f. The CC/CM shall sign and date the form and
forward it to the victim services bureau of the NHDOC;
(2)
Upon receipt, the victim services bureau staff shall evaluate the
preliminary finding(s) and document on the NHDOC “Resident Visitation Enrollment
and Routing Form” the following:
a. That current and prior charges as well as any
indictments have been reviewed and documented;
b. That the pre-sentence investigation, if
applicable was reviewed;
c. That a review of notes prepared by NHDOC
probation and parole staff within the ECR was conducted, if applicable;
d. That notes within the ECR pertaining to
program completion, notes made by the Administrative Review Committee (ARC) as
defined in Cor 501.02, and probation conditions pertaining to contact with
minors have been reviewed, if applicable; and
e. That victim services staff have contacted
staff within the sexual offender treatment program and behavioral health units
if applicable;
(3)
Victim services staff shall then supply on the NHDOC “Resident Visitation
Enrollment and Routing Form” recommendations based on the data contained within
a resident’s ECR and information obtained from applicable programming staff;
(4)
Victim services shall make one of the following recommendations:
a. Approve unchaperoned visits with minor children;
b. Deny visits with minor children unless accompanied
by a trained/certified chaperone pursuant to Cor 305.16;
c. Deny visitation with minor children;
d. Approve unchaperoned visitation with a vulnerable
adult visitor;
e. Deny visits with an adult visitor unless accompanied
by a trained/certified chaperone pursuant to Cor 305.16;
f. Deny visitation with an adult visitor; or
g. No visitation restrictions shall be required if
no history of violent crimes against minors or adults exists.
(5)
A representative from victim services shall sign and date the NHDOC
“Resident Visitation Enrollment and Routing Form” and forward the signed form
to the warden, director or designee of the facility in which the resident resides;
(6)
The warden, director or designee shall make the final decision based on
recommendations made by victim services staff and information obtained during
the record review pursuant to Cor 305.07;
(7)
To ensure the safety of visitors, residents, the public and staff, the
warden, director, or designee shall make one of the following determinations
based on information contained within the ECR; information considered shall
include, but not be limited to, criminal history, court documents, program
participation and completion, and resident conduct to include disciplinary
infractions. Information shall be provided by NHDOC staff which includes but is
not limited to CC/CM’s, victim services staff and probation and parole staff:
a. Approve unchaperoned visits with minor children;
b. Deny visits with minor children unless accompanied
by a trained/certified chaperone pursuant to Cor 305.16;
c. Deny visitation with minor children;
d. Approve unchaperoned visits with a vulnerable
adult visitor;
e. Deny visits with a vulnerable adult visitor
unless accompanied by a trained/certified chaperone pursuant to Cor 305.16;
f. Deny visitation with a vulnerable adult visitor;
g. No visitation restrictions shall be required if
no history of violent crimes against minors or adults exists.
(8)
The warden, director, or designee shall make additional notes relative
to the case as needed and document any restriction(s) or exception(s), which
may be unique to the resident and his or her individual case; and
(9)
The warden, director, or designee shall then sign and date the completed
form and forward the completed form to visitation room staff who shall enter
the NHDOC “Resident Visitation Enrollment and Routing Form” into the residents
ECR.
(d) Resident access to official business visitors
shall not be impacted by statuses, which would preclude a resident from
receiving regularly scheduled visits.
(e)
Access to visitation shall be a privilege.
(f)
The following shall affect a resident’s eligibility to participate in
visitation:
(1) While a resident is in a quarantine status,
unless exigent circumstances exist which shall include, but not be limited to, death of a family member or a confirmable
family emergency, requests for authorization shall be made to the warden, director,
or designee of the facility in which the resident resides;
(2) The resident shall be required to be free of any bans on
visitation, which have been incurred as a result of disciplinary action taken
against the resident;
(3) The resident shall not be in disciplinary confinement to
cell (DCC) status as described within Cor 410.09;
(4) The resident shall not be on precautionary watches or in
pending administrative review (PAR) status; and
(5) Residents in PAR status or on
a precautionary watch shall be required to receive written approval from the warden, director
or designee of the facility prior to any visit.
(g) Residents who are placed in a DCC status shall
be eligible to receive official business visitors only, pursuant to Cor 305.10.
(h) It shall be the resident’s responsibility to
notify prospective visitors when he or she has been placed in a status, which
precludes him or her from receiving visits.
(i) C1, C2, and C3
residents shall be authorized a minimum of one visit weekly.
(j) C4 residents shall be authorized a minimum of
2 visits monthly.
(k) C5 residents shall be authorized a minimum of
one visit monthly.
(l) Women who reside at a NHDOC facility, who have
given birth while incarcerated, shall be authorized 2 additional visits per
week with the newborn, for a period not to exceed 8 months post-delivery.
(m) The visitor accompanying the newborn shall be
required to meet all eligibility criteria set forth within Cor 305.12.
(n) Visits shall be contingent upon the
facility’s ability to accommodate the visit.
(o) Visits from official business visitors shall
not be counted against the allotted number of authorized resident visits.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.08 Visitation Schedules.
(a) A visitation schedule shall be established
for each NHDOC facility.
(b) Visiting schedules shall be available on the
NHDOC web site, or shall be obtained through the
visitation control rooms. Additionally, schedules shall be posted electronically,
or within each housing unit in a location where residents shall have access.
(c) Attorneys may visit during the resident’s
regularly scheduled visiting times, or during an approved special visit as
described within Cor 305.10 (c)(3), regardless of the resident’s working shift.
(d) Clergy may visit on a resident’s regularly
scheduled visiting times, or during an approved special visit, coordinated through
the facilities warden’s office. Special visits shall be authorized if exigent
circumstances exist, requiring the immediate need of a visit outside a
resident’s regularly scheduled visit. Exigent circumstances shall include, but not
be limited to, verifiable family emergencies to include medical emergencies of
family members or death of a family member.
(e) Resident’s visitation times and days are
dependent upon his or her classification status and housing assignment within
each facility.
(f) Visitation schedules may be adjusted to
include cancelation or reduction of visitation hours should a facility
emergency arise.
(g) In the case of an emergency during visitation
hours all visitors shall be required to depart from prison grounds as directed
by security staff.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.09 Types of Visits.
(a) Contact visits, meaning that residents and
visitors are seated across from each other, or next to each other, shall be
conducted as follows:
(1) Seating
arrangements shall be directed by visit room staff at the time of the visit;
and
(2) Factors affecting the determination of seating
arrangements shall include, but not be limited to the following:
a. Seating availability within the visit room at
the time of the visit, and the number of visitors present;
b. Adherence to visitation rules during a visit;
c. Previous visitation rule infractions; and
d. Any circumstance, which could endanger the
public, resident, or staff, or jeopardize institutional order and security.
(b) Non-contact visits shall occur when:
(1)
Evidence exists that a contact
visit would enhance the likelihood of contraband being introduced;
(2)
There is a danger to the
resident, the public, or facility staff;
(3) Disciplinary sanctions are in
place for the resident, which stipulate non-contact visits;
(4) The location in which
the resident is housed can only support this type of visit; or
(5)
The department’s investigations bureau or the facility’s chief of
security has evidence from a credible source that a disruptive incident is likely to occur which would cause a
disruption, and jeopardize the safety of residents, the public, and facility
staff.
(c) Business visits shall occur when:
(1)
A resident has a verifiable need for this type of visit; and
(2)
The visiting representative has completed all applicable requirements as
set forth within Cor 305;
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.10 Official Business Visits.
(a)
Space shall be set aside for attorney visits that shall provide privacy
when attorney-client confidentially is required.
(b)
All attorneys visiting a resident shall be subject to the visitor
approval process pursuant to Cor 305.11, Cor 305.12, Cor 305.13, and Cor 305.14.
(c)
The following shall apply to all attorney visits:
(1)
Attorney visits shall occur during normal business hours;
(2)
Attorney visits shall be coordinated through the warden’s office at the
facility where the client resides;
(3)
If an attorney visit is requested outside of a NHDOC resident’s normal visiting
time, and the attorney can articulate why he or she cannot wait until the
resident’s regularly scheduled visit, the warden or designee shall approve an
exception and allow a visit, which shall be considered a “special visit;”
(4)
An attorney visit shall be made for the purpose of conducting legal
business and not for the purpose of social visitation;
(5) All attorneys
shall be subject to the same rules as regular visitors except as noted within
Cor 305.20(h);
(6)
Attorneys shall not be required
to be on the resident’s approved visitors list;
(7)
An attorney wishing to visit his or her client at a NHDOC facility shall
be required to complete and submit all applicable forms pursuant to Cor 305.13
and Cor 305.14 to be registered as a NHDOC business visitor;
(8)
No attorney visits shall be authorized prior to an attorney completing
all requisite paperwork, having a background check completed, and being granted
access to NHDOC facilities by the approving authority;
(9)
An attorney shall not switch from being an attorney to an active visitor
on a resident’s approved visitors list; and
(10)
Attorney visits shall not count toward the authorized allotment of
visits a resident is entitled.
(d)
Official business visits shall be with members of a governmental office
or post of authority, or representatives from non-profit organizations to
include individuals representing those offices.
(e)
The following shall apply to all official business visits:
(1)
All official business visits shall require the approval of the warden,
director or designee of the facility in which the visit shall take place, prior
to the visit occurring;
(2)
Official business visits shall not count toward the authorized allotment
of visits a resident is entitled;
(3)
All official business visitors shall be
subject to the visitor approval process pursuant to Cor 305.11, Cor 305.12, Cor
305.13 and Cor 305.14;
(4) The commissioner,
warden, director, or his or her designee shall authorize that the required
background investigation, pursuant to Cor 305.14 be waived for government entities
visiting for one time only; and,
(5) All official business visitors shall be
subject to the same rules and regulations as regular visitors except as noted
within to Cor 305.20(h).
(f) The following procedures
for official business visitors shall apply:
(1) All official business visitors shall enter
through the designated entrance at each facility;
(2) All official business visitors shall sign the
visitor’s log and shall be issued a visitor’s badge to be worn on the left
breast area of the outer garment;
(3) A picture identification for the official business
visitor and the name of the resident to be visited shall be provided to the
officer on duty; and
(4) A staff member shall escort all official
business visitors while inside the secure perimeter.
(g)
Visits shall be denied or restricted when:
(1) Security or safety is jeopardized by any
individual; or
(2)
If visitation by specific individual(s) would be
detrimental to the behavioral health interests of the resident involved as
determined and documented by behavioral health staff, or a treating medical
provider.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.11 Resident Approved Visitors Lists.
(a)
The chief administrator of each facility shall assure that a list of
individuals approved to visit each resident is maintained within the resident’s
ECR.
(b)
Prospective visitors shall complete and submit a “Visitor Registration
Form” pursuant to Cor 305.15.
(c)
Additionally, a “Prospective Visitor Consent for Background Check Form”
shall be completed and submitted pursuant to Cor 305.17.
(d)
A visitor shall not be listed on more than one approved visitors list of any resident, unless he or she is a member
of the immediate family of each resident, as described within Cor 305.13(f).
(e)
There shall be no limit on the number of eligible members of a
resident’s immediate family who can be approved to visit.
(f)
For the purpose of (e) above, immediate family shall include:
(1)
Husband;
(2)
Wife;
(3)
Children, either natural, adoptive, or step;
(4)
Mother, either natural, adoptive, or step;
(5)
Father, either natural, adoptive, or step;
(6)
Grandparents, either natural, adoptive, or step;
(7)
Brothers, either natural, adoptive, or step;
(8)
Sisters, either natural, adoptive, or step;
(9)
Aunts;
(10)
Uncles;
(11)
Brother’s spouse;
(12)
Sister’s spouse;
(13)
Legal civil union partners; and
(14)
Grandchildren.
(g)
An additional 20 eligible visitors, who are not immediate family, may be
added to a resident’s approved visitors list.
(h)
Residents may submit a request utilizing a “Request Slip Form” pursuant
to Cor 312, to remove individuals from his or her approved visitors list to
ensure space is available for new eligible visitors to be added.
(i) Any visitor removed from one resident’s
approved visitors list may not be placed on a different resident’s approved
visitors list for a period of one year from the date of removal, unless the
approved visitor is a family member as described within Cor 305.13(f).
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.12 Eligibility for Access to Correctional
Facilities for the Purpose of Resident Visitation.
(a)
For prospective visitors whose “Prospective Visitor Consent For Background Check Form”
as described within Cor 305.15 reveals an individual to have a criminal
record shall not be eligible to attend visits as follows:
(1)
Prospective visitors with criminal records involving felony drug
offenses within the last 5 years from the date of conviction shall not be allowed
to visit;
(2)
Prospective visitors with criminal records involving a drug offense
violation within the last 5 years from the date of conviction shall not be
allowed to visit;
(3)
Prospective visitors with pending drug related offenses shall not be allowed
to visit;
(4)
Prospective visitors with a criminal history that resulted in
confinement to a correctional facility for any offense shall not be allowed to
visit for 5 years of the date of the release from confinement regardless of the
duration of the confinement;
(5)
Prospective visitors with any criminal record for non-drug related
offenses within one year from the date of the most recent criminal conviction
shall not be permitted to visit; and
(6)
Prospective visitors who are actively on probation or parole shall not
be granted visiting privileges without the written recommendation of the
supervising probation or parole officer and the written approval of the warden
of the facility as follows:
a. Consideration shall be given for immediate family
members only;
b. The prospective visitor may request
permission in writing to the probation/parole officer assigned and the warden, director
or designee of the facility, which houses the resident intended to be visited;
c. Approval shall be granted if it will support
and promote the goal of reintegrating the resident back into the community; and
d. Approval shall be given unless the assigned
PPO or warden, director or designee can articulate a reason not to grant the
approval, such as the approval would jeopardize the safety of the resident, the
public, or facility staff, or put institutional security at risk.
(b) Exceptions for individuals who are not
actively on probation or parole, and have been deemed ineligible
based on the criteria stated above within Cor 305.12(a)(1)-(5) shall be granted
if they support and promote the goal of reintegrating the resident back into the
community.
(c)
Prospective visitors who do not meet the specific visitation criteria
may request an exception by submitting a written appeal to the warden, director or designee of the facility in which the resident
resides.
(d)
The warden, director, or designee shall review all requests for
exceptions.
(e)
The warden, director, or designee shall grant exceptions based on
information that has been collected and verified as described within (1)-(9)
below, and will promote a successful transition from confinement to society as
described within Cor 305.12(a)(6)c, above;
(1)
The prospective visitor’s relationship to the resident;
(2)
The length of time since a disqualifying offense occurred;
(3)
The prospective visitor’s criminal history as determined by a criminal
background check as described within Cor 305.15;
(4)
Input received from the assigned probation and parole officer, if applicable;
(5)
The resident’s disciplinary history, if applicable;
(6)
The resident’s program compliance and completions, if applicable;
(7)
The resident’s current classification status;
(8)
The reason the request has been made; and
(9)
Any other pertinent facts which the warden, director or designee deems
relevant to the specific case.
(f)
Exceptions shall be granted by the warden, director or designee on a case by case basis, and all considerations for exceptions
shall be determined utilizing the information provided as described within Cor 305.12(e)(1)-(9).
(g)
A written explanation of the decision by the warden, director or
designee shall be made within 30 days from the date in which the exception
request was made.
(h)
Current or former employees of the NHDOC or any other confinement
facility shall be authorized to visit incarcerated immediate family members
upon written request and approval by the warden, director, or designee of the
institution housing the resident, unless the individual requesting visitation
would be deemed ineligible for visitation pursuant to Cor 305.
(i) Exceptions as described within Cor 305.12
shall be revoked should any information obtained be false or misleading, or the
conditions for which an exception has been granted change, which shall include
but not be limited to, negative police interactions with or arrests of the
visitor, the resident being visited has a status change or safety and security
are jeopardized as a result of the previously granted
exception.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.13 “Visitor Registration Form”.
(a)
Each prospective visitor shall complete and submit a “Visitor
Registration Form” to be considered for eligibility for access to a correctional facility for the purpose of visiting a
resident.
(b)
The prospective visitor shall supply on the “Visitor Registration Form”
the following:
(1)
His or her title and full legal name;
(2)
His or her gender;
(3)
His or her mailing address;
(4)
The type of government issued identification he or she shall use when
entering a NHDOC facility;
(5)
The photo identification identifier number;
(6)
The photo identification issuing authority or jurisdiction;
(7)
Answers to the following questions and provide explanation for answers
that are affirmative:
a. Have you ever been convicted of any crime(s);
b. Are you subject to any orders of the court or
other judicial authority;
c. Have you ever been incarcerated, or on
probation or parole in the past 5 years;
d. Are you currently under charges for any
violation of law;
e. Do you have a family member(s) in the custody
of the NHDOC;
f. Do you have any household resident(s) under
the supervision of the NHDOC;
g. Have you been on any resident’s visiting list
in the past 1-year; and
h. Have you ever corresponded with, or received
phone calls from, any NHDOC resident.
(8)
An indication whether he or she is a United States (US) citizen;
(9) If the prospective visitor is a US resident,
he or she may provide his or her social security number in order to ensure
accurate and timely processing;
(10)
If the prospective visitor is not a US resident, he or she shall provide
his or her immigrant registration identification number;
(11)
His or her passport number if applicable;
(12)
His or her place of birth;
(13)
His or her date of birth;
(14)
All additional names he or she is known by if applicable;
(15)
Any previous addresses used in the past 5 years if applicable;
(16)
His or her driver’s license number if applicable;
(17)
The state from which his or her
license was issued; and
(18) His or her signature and the date signed.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.14 “Official Business Visitor Registration
Form”.
(a)
Any individual visiting a facility in the capacity of an official
business visit as described within Cor 305.11 shall complete and submit the “Official
business visitor Registration Form”.
(b)
All official business visitors shall supply on the “Official business
visitor Registration Form” the following:
(1)
Official business visitors who are attorneys shall supply in section 1
the following information:
a. The telephone number to the firm being represented;
b. The name of the firm being represented;
c. The address of the firm being represented;
d. The visiting attorney’s New Hampshire bar
association identification number;
e. The name of the resident who shall be
represented, as well as the resident’s NHDOC identification number; and
f. His or her signature and date signed
affirming all information supplied is true and accurate;
(2)
Official business visitors who are clergy or an official religious
delegate shall supply in section 2 the following information:
a. A telephone number for the organization being
represented;
b. The name of the organization being represented;
c. The address of the organization being represented;
d. The name of the resident being visited, as
well as the resident’s NHDOC identification number; and
e. The visiting clergy member or religious
delegate shall sign and date acknowledging he or she has read and agrees to the
disclaimer within section 2 which reads as follows:
“The privilege of
spiritual care visitation is limited to the visiting room only for individual
resident contact during established visitation schedule at state correctional facilities. Clergy applicants, or designated
representatives of a faith community, must attach a letter from affiliated
ecclesiastic authority specifying an endorsement of religious qualification,
preparation, experience and competence for spiritual care and pastoral
counseling of criminal offender(s). Do
not complete this form if you intend a voluntary ministry to multiple residents
through group religious study, corporate worship, or other temporal activity
with residents. Obtain and submit a
citizen involvement application and attend an orientation for approval as an
authorized volunteer. A person shall not be designated as both an official
business visitor and an authorized volunteer by the NHDOC.”
(3)
Official business visitors who are a government or inter-agency official
shall supply in section 3 the following information:
a. The telephone number to the agency being represented;
b. The name of the agency being represented;
c. The function or purpose of the visit;
d. The name of the resident who shall be represented,
as well as the resident’s NHDOC identification number; and
e. His or her signature and date signed affirming
all information supplied is true and accurate; and
(4)
Official business visitors who are a social services organization
representative shall supply in section 4 the following information:
a. A telephone number for the organization being
represented;
b. The name of the non-profit or social services
organization;
c. The name and title of the head administrator
of the organization being represented;
d. The address of the organization being represented;
e. The agency’s mission or purpose;
f. The name of the resident being visited, as well as the resident’s
NHDOC identification number;
g. The anticipated benefit to the NHDOC resident
being visited; and
h. His or her signature and date signed
affirming all information supplied is true and accurate.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.15 “Prospective Visitor Consent For Background Check Form”.
(a)
A prospective visitor of a resident shall supply on the “Prospective
Visitor Consent For Background Check Form” the following
information:
(1)
The name of the resident to be visited;
(2)
The resident’s identification number;
(3)
His or her first name, last name, and middle initial, to include any alias;
(4)
His or her address;
(5)
His or her date of birth;
(6)
His or her hair color;
(7)
His or her eye color;
(8)
His or her gender;
(9)
Whether the prospective visitor is currently under probation or parole
supervision, and why if applicable;
(10)
His or her driver license number and issuing state; and
(11)
Whether the prospective visitor is a victim of the resident to be
visited.
(b) The prospective visitor shall:
(1) Sign and date the form in front of a notary public;
(2) Have the form notarized; and
(3) Deliver the form to the respective correctional facility care of the facility’s visiting room.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.16 Chaperone Certification For
Adults Accompanying Minors.
(a)
Residents identified as requiring chaperoned visitation with minor
children shall not be authorized to visit with minor children unless the adult
accompanying a minor child has successfully completed the NHDOC chaperone
safeguard training program.
(b)
To qualify for chaperone safeguard training at a NHDOC facility,
prospective chaperones shall meet all requirements for visitation pursuant to
this rule and be placed on the approved visitors list of the resident with whom
the visit shall take place, prior to enrollment in the chaperone safeguard
training program. This shall include out of state visitors who have been
granted permission for a special visit.
(c) Individuals who have completed chaperone
training programs and submitted chaperone certifications from community-based programs
prior to December 31, 2019 shall not be required to
attend the NHDOC chaperone safeguard training program.
(d)
Information regarding the NHDOC chaperone safeguard training program offered
within NHDOC locations may be obtained by contacting the NHDOC bureau of victim
services.
(e)
The bureau of victim services may be reached by calling (603) 271-7351,
or (603) 271-4979 to inquire about upcoming training schedules. Information regarding chaperone safeguard
training programs which shall include but not be limited to scheduling,
cancellations, and upcoming locations shall also be located on the NHDOC web
page https://www.nh.gov/nhdoc/policies/index.html .
(f)
The NHDOC shall provide chaperone safeguard training to individuals free
of charge.
(g)
Program schedules and locations shall be determined based on demand, and shall be subject to change.
(h)
Individuals attending the NHDOC chaperone safeguard training program
shall be required to complete the following prior to enrollment:
(1)
The prospective chaperone shall complete and submit all requisite
information required to determine eligibility for placement on a resident’s approved
visitors list pursuant to Cor 305.12 and Cor 305.13;
(2)
The prospective chaperone shall complete and submit the NHDOC “Chaperone
Safeguard Training Application” at a minimum 14 days prior to a scheduled
program date, by providing the following information;
a. His or her printed name;
b. The date in which the application has been completed;
c. His or her date of birth;
d. His or her current mailing address;
e. His or her telephone number(s); and
f. An e-mail address if applicable;
(3) The prospective chaperone shall answer the
following questions on the “Safeguard Training Application”;
a. What is your relationship to the resident;
b. How long have you known the
resident;
c. What have you been told about the resident’s
crime(s);
d. Do you believe that the resident is guilty of
these crime(s);
e. How do you feel about the resident’s crime(s);
f. Do you understand why you have been referred
to complete the NHDOC Safeguard Training prior to bringing minor children into
the NHDOC Visiting Room to visit with the resident;
g. Can you tell us about any strengths that you
have that will be helpful in being a chaperone for visitation between the
resident and the child/vulnerable adult; and
h. Can you tell us about any weaknesses or
vulnerabilities that you believe you have that could prevent you from being an appropriate chaperone;
(4)
The prospective chaperone shall sign and date the completed application
acknowledging the included NHDOC disclaimer and certifying all information supplied
is factual; and
(5) The NHDOC disclaimer which appears within the
“Safeguard Training Application” shall read as follows and shall include a
signature, as stated below:
“If you are not
currently an approved visitor, complete and submit all required forms to the NHDOC
in accordance with NH Admin Rule Cor 305 to become approved. Upon receipt of
the safeguard training application, it shall be reviewed by the victim services
staff for completeness and review of responses to all questions within the application.
If information within the application requires further explanation, a staff
member from the bureau of victim services shall contact the applicant for
clarification. All applicants shall receive a letter stating whether they have
been approved or denied entrance into the chaperone safeguard training program.”
a. “Applications shall be denied if applicants
are not on a residents’ approved visitors list, or responses to provided
application questions depict an individual whom is
unwilling or unable to be an effective chaperone, thus disqualify the
applicant.”
b. “Upon approval, the applicant shall be added
to a chaperone safeguard training roster and provided notification of the
training date, time and location.”
c. “By signing below
you are affirming that you have completed the application and all information
provided is factual.”
d. Completed forms shall be mailed to the “State of New Hampshire Department of Corrections, Office of the
Commissioner, attention
Program Information Officer, P.O. Box 1806, Concord,
NH 03302.”
e. Upon approval into the NHDOC chaperone
safeguard training program, prospective chaperones shall be added to a chaperone
safeguard training roster and provided notification of the training date, time,
and location.
f. Following successful
completion of the safeguard training, certification shall be entered into the
client ECR, and chaperoned visits may commence.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.17 Minor Children Attending Visits.
(a)
Children under 18 shall not be permitted to visit unless accompanied by
an adult who shall be a family member, guardian, or other person designated as the responsible adult on a “Permission for Minor Children to Visit a Resident of the NHDOC Form”.
(b) The parent, guardian or responsible adult of
the minor child shall complete and submit the "Permission for Minor
Children to Visit a Resident of the NH DOC Form” demonstrating in writing that the
minor has permission to visit a NHDOC facility.
(c)
The adult responsible for the minor child shall provide on the “Permission for Minor Children to Visit a Resident of the NHDOC Form”
the following:
(1)
The date;
(2)
The printed name of the parent, guardian, or responsible adult;
(3)
The parent, guardian, or responsible adult’s relationship to the minor child;
(4)
The parent, guardian, or responsible adult’s signature;
(5)
The full name of each minor child authorized to visit;
(6)
The date of birth for each minor child listed;
(7)
The resident’s name which visits shall take place with;
(8)
The resident’s identification number;
(9)
The printed name of the individual(s) authorized to escort the minor(s)
into NHDOC facilities;
(10)
The date of birth of the individual(s) authorized to escort the
minor(s); and
(11)
A selection shall be made stating the approved period
of time which permission shall be
granted for:
a. One day only, and the date the visit shall
take place on; or
b. An inclusive date, which shall not exceed one
year, and the date ranges for which authorization has been granted.
(d) The parent, guardian, or responsible adult shall
have the form notarized.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.18 Caring for Infants and
Breastfeeding/Nursing During Visits.
(a)
In accordance with RSA 132:10-d, a woman shall be allowed to breastfeed
her child on state correctional facility property,
provided the woman and the child are authorized to be on state correctional
facility property.
(b)
Breastfeeding shall be authorized in NHDOC visiting rooms.
(c)
The following shall apply to mothers who are breastfeeding in a NHDOC
visiting room: The female visitor, shall at a minimum, utilize a nursing scarf,
nursing cover, breastfeeding shawl or similar item to
drape her infant and chest while breastfeeding/nursing, so there shall be a
minimal chance of a breast being exposed.
(d)
In instances where guidelines are not followed and the breastfeeding becomes
disruptive, or conduct, which is prohibited within Cor 305, occurs, the visit
shall be terminated.
(e)
Applicable penalties shall be enforced according to NH state law, and
NHDOC administrative rules.
(f)
Mothers caring for infants shall be authorized to carry into the
visitation room the following items:
(1)
Quantity 2 empty, clear baby bottles per child;
(2)
Quantity one factory sealed package of formula per child;
(3) Quantity 3 loose diapers, per child;
(4)
A clear package of loose baby wipes; and
(5)
For mothers that are nursing, a nursing scarf, nursing cover,
breastfeeding shawl or similar item for privacy.
(g)
All items noted above shall be subject to search in accordance with Cor
306.03.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.19 Visitation Procedures.
(a)
All visits shall be conducted within the visit room at the facility in
which the resident resides.
(b)
Each facility shall post a visitation schedule, which shall be accessible
to the public and residents.
(c)
Visit schedules shall be subject to change without warning.
(d)
Visitors shall not visit residents who are hospitalized in the community
without authorization of the warden, division director or designee of the facility
in which the resident resides.
(e)
Adult visitors shall establish their identity by presenting a photographic
identification document, current or expired, issued by a federal, state, or
territorial government agency such as a non-driver ID, driver’s license,
military identification card, passport issued by any country, or similar document.
(f)
Each visitor shall personally surrender this identification document to
the security officer prior to entry into the facility for visiting and shall personally
recover the identification document from the officer upon departure from the
facility.
(g)
Children under 18 shall be required to present a valid photographic
identification card, current or expired, or a valid original birth certificate
to visit.
(h)
Individuals on prison grounds shall be subject to search pursuant to Cor 306.01 and
Cor 306.03.
(i) All visitors shall consent to a search of
their persons, possessions, and vehicle, if the vehicle is on departmental
property, pursuant to RSA 622:6-a, or remove themselves from departmental
property.
(j)
Bandages, dressings, casts, or other medical devices shall be searched
in accordance with Cor 306.03 to the extent possible. Staff conducting the
search shall exercise care to be sure that they do not aggravate any injury,
contaminate any wound, or damage the coverings.
(k)
Visitors who do not comply with lawful searches shall not be allowed to
attend future visits without approval of the warden, director
or designee.
(l)
Visitors shall not introduce anywhere on or within departmental property,
any items identified as contraband pursuant to Cor 306.01.
(m)
Visitors shall not introduce items not authorized within the secure
confines of a facility. Such items shall be secured in their vehicles or in the
small lockers provided outside the visiting room prior to visiting.
(n)
Visitors found to possess contraband, contrary to law, shall be reported
to law enforcement authorities for possible prosecution in accordance with RSA 622:24 and RSA 622:25 and shall be barred
from entry in accordance with Cor 305.25.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.20 Visit Room Rules.
(a)
Each visitor shall obey the orders and instructions furnished by the
facility staff. Failure to do so shall result in termination of the visit and
possible debarment pursuant to Cor 305.25.
(b)
Each visitor shall conform to all rules pertaining to visitation within
NHDOC facilities as follows:
(1)
No visitor shall give, convey, or leave any item or thing to any resident
without advanced approval of the warden, director or his or her designee at the
facility, which is being visited;
(2)
Displays of affection such as hugging and embracing shall be limited to a
duration of 3 seconds or less at the beginning and end of visits;
(3)
No bodily contact, except for handholding, in sight of the correctional
staff observing the visit, shall be permitted during visiting for visitors
above the age of 16;
(4)
Minor children 5 years of age or younger may be held by the resident in his
or her lap or arms;
(5)
Abusive, obscene, or vulgar language shall not be used on the facility grounds;
(6)
Small children shall be restrained from disruptive behavior by the
visitor responsible for them;
(7)
Disruptive behavior on the part of adults or children shall result in
the termination of the visit; and
(8)
Refusal to follow instructions of the person(s) in charge of visiting
shall result in the termination of the visit.
(c)
Each visitor shall conform to the rules regarding a visitor’s attire
while visiting in the facility.
(d)
The following clothing shall not be authorized for wear in a NHDOC
visiting room:
(1) Jackets, coats, or outer sweaters;
(2)
Garments that expose breasts, midriff, upper thighs, buttocks, or genitalia;
(3)
See-through clothing of any kind;
(4)
Low-cut sweaters, blouses, and shirts that expose any level of cleavage
or breast, tank tops, halter tops, or tube tops;
(5)
Skirts or dresses, with slits longer than 4-inches or shorts with slits;
(6)
Skirts, dresses or shorts that are 2 inches or more above the knee when standing;
(7)
Blouses or shirts that are too short to tuck-in or that expose the midriff;
(8)
Tight-fitting athletic-type clothing;
(9)
Long or short legged spandex outerwear, stirrup, sweat, yoga, or swish pants;
(10)
Hats, headbands, or hooded clothing;
(11)
Zippered shirts to include all shirts, sweaters, or long-sleeve t-shirts
that have any type of zipper;
(12)
Outdoor jackets to include, but not be limited to, pullover style jackets,
sport coats, and suit coats;
(13)
Shawls, scarves, wraps or loose open over shirts;
(14)
Clothing with holes, rips, or tears;
(15)
Clothing with pockets removed or altered to allow access beneath the garment;
(16)
Sleeveless garments;
(17)
Farmer style overalls;
(18)
Any clothing that could be mistaken for inmate clothing;
(19)
Military clothing to include actual uniforms and look-alikes;
(20)
Clothing which closely resembles correctional officer uniforms or other
law-enforcement officials;
(21)
Nursing uniforms to include scrubs;
(22)
Metal hair ornaments; or
(23)
Clothing which displays security threat group affiliation or culture,
clothing that is obscene, racist, or displays sexual content, alcohol, or drugs.
(e)
The only jewelry or adornment visitors shall be permitted to wear into
the visiting areas is a wedding ring set; one religious necklace pendant,
medical alert badges, and dermal jewelry implants that cannot be removed by the
visitor.
(f)
Religious articles of clothing, which shall include but not be limited
to, face veils, head dresses, hats, or other garments shall be authorized but
subject to search pursuant to Cor 305.21.
(g)
Children under 10 years of age shall be allowed to visit wearing shorts,
skirts, or dresses shorter than mid-thigh, rompers, and sleeveless shirts;
(h)
Official business visitors shall be allowed access to NHDOC facilities
wearing a:
(1)
Suit, sport-coat, or blazer;
(2)
Jacket that is part of the individual’s outfit, but does not include a
jacket, or coat specifically for outdoor wear;
(3)
Sweater which may also be worn under a jacket, suit, sport-coat, or blazer;
(4)
Skirt or dress with slits intended solely for freedom of movement, or
dress-pant;
(5)
Sleeveless blouses worn under a jacket, suit, sport-coat, or blazer.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.21 Religious Attire.
(a) Individuals on
prison grounds wearing religious headwear shall allow an officer to perform a
security screening of the individual and their headwear and/or facial covering
as follows:
(1)
For routine security screening and identification purposes, a visitor
shall be required to temporarily remove their religious headwear, including a
facial covering, before being admitted into the visiting room;
(2)
The staff member assigned to complete this task shall be of the same
gender as the visitor;
(3)
A resident shall notify staff that a visitor wearing religious headwear or a facial covering shall be arriving to visit
with them at least 48 hours prior to the visiting time to allow staff to
arrange for a staff member of the same gender to be present for the security
screening;
(4)
The removal of the religious headwear or facial covering shall be
completed in a private area to prevent the visitor from being seen by other
visitors and staff when he or she is removing his or her religious headwear or
facial covering;
(5)
While the visitor is holding his or her headwear or facial covering, the
staff member shall visually inspect the headwear and/or facial covering without
touching the items;
(6)
If no contraband or suspected contraband is detected by the staff
member, the visitor shall be permitted to place their religious headwear or
facial covering back on their person and return to the visitor processing area;
(7)
The visitor shall complete the security screening process before
entering the visiting room, which shall include one or more security screenings
and inspections that might incorporate the use of electronic devices, visual
searches, pat searches, or search by canine;
(8)
The visitor shall be allowed to wear his or her religious headwear to
include facial coverings in the visiting room after successfully completing the
visitor screening and identification process;
(9)
If the staff believe it is necessary for security reasons to verify the
identity of the visitor wearing religious headwear or a facial covering before the
visitor departs from the institution, staff shall follow the same procedure
outlined in Cor 305.18;
(10)
In the event that the assigned staff member observes contraband or
suspected contraband during their visual inspection of the visitor’s religious
headwear or facial covering, the staff member shall take possession of the
contraband or suspected contraband item(s) and immediately notify the shift commander;
(11) The visitor shall remain in the private area,
under direct supervision, in the location of the visual inspection, while NHDOC
records and processes the contraband. The action taken by the NHDOC staff shall
include inter alia, seeking assistance from state or local law enforcement, contacting NHDOC investigations unit or the visitor is allowed to
leave NHDOC property and face debarment as described within Cor 305.25. Action
taken by NHDOC staff shall be executed in accordance with Cor 304, Cor 306.01,
Cor 306.03 as well as NHDOC PPD 357 and PPD 358.
(12)
The shift commander shall notify the warden, director, or designee
whenever contraband or suspected contraband is detected in the possession of a
visitor attempting to enter the prison facility.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.22 Visitors With
Service Animals.
(a)
A visitor who is otherwise allowed to visit, and who has a disability,
and is using a service animal to perform work or tasks related to
the visitor’s disability shall be allowed to bring the service animal while on
the visit. Access shall be granted provided performance of the work or tasks
might be needed traveling to and from the visit or during the visit.
(b)
“Service animal” means an animal that has been individually trained to
do work or perform tasks for an individual with a
disability. The work or task(s)
performed by the animal shall be directly related to the person's disability.
Examples of such work or tasks shall include, but are not limited to, assisting
a person who is totally or partially blind with navigation. Other examples shall
include, but not be limited to, alerting a person who is deaf or hard of
hearing to the presence of people or sounds, pulling a wheelchair, assisting a
person during a seizure, and providing physical support and assistance with
balance and stability to a person with a mobility disability.
(c) An animal whose primary purpose is to deter
crime or to provide emotional support, comfort, well-being
or companionship shall not qualify as a service animal for purposes of this
rule.
(d)
In determining whether an animal is a service animal, facility staff may
ask the visitor if the animal is required because of the visitor’s disability
and what work or task the animal is trained to perform, unless this information
is readily apparent, such as a guide animal leading a person whose sight is
impaired. Staff shall not demand proof or documentation of the visitor’s
disability or certification that the service animal is trained, although the
visitor may provide these voluntarily.
(e)
On the first occasion, when a visitor brings a
service animal to a visit, prior to allowing the service animal to be admitted
to the visit, staff shall require the visitor to sign the “Acknowledgement for Visitors
with Service Animals Form”, pursuant to Cor 305.23.
(f)
Completion of this form shall acknowledge that the
visitor is liable for all injuries or property damage caused by the service animal
while on facility property.
(g)
The signed form shall be maintained in the electronic
data storage area (EDSA) system and an entry shall be made in the resident’s electronic
client record (ECR) noting that the visitor is authorized to bring a service
animal to visits.
(h)
If the visitor refuses to sign the form, unless there is another reason
to not allow the visit, the visitor shall be given the opportunity to visit without
the animal, provided that the animal is removed from facility property.
(i) A service animal shall be
excluded from entering or removed from the facility if the animal:
(1)
Is out of control and the visitor does not take effective action to
control it;
(2)
Is aggressive toward or interferes with staff, other visitors, residents,
other persons, or other animals;
(3)
Is not housebroken; or
(4) Its behavior otherwise presents a risk of
injury or property damage.
(j)
A service animal shall also be excluded from entering the facility based
on a past incident of behavior at the facility or another
facility that presented a risk of injury or property damage.
(k)
A determination to remove or exclude a service animal shall be made on
an individualized basis and not on assumptions about
the animal’s behavior or propensities based on its breed or size.
(l)
If an animal is excluded before a visit begins, either because it is not
a service animal or because of its behavior, unless there is another reason to
not allow the visit, the visitor shall be given the opportunity to visit
without the animal, provided that the animal is removed from facility property.
(m)
If a service animal is removed during a
visit, the visitor shall be required to leave with the service animal and shall
not be authorized to return to complete the visit.
(n)
Neither a service animal nor any animal claimed to be a service animal
shall be permitted to be left unattended in a vehicle on facility property
under any circumstances.
(o)
If an animal is excluded or removed from a
facility, it shall not be allowed in the facility again unless the visitor requests
in writing to the warden, director or designee, for
the animal to be allowed. An entry shall be made in the ECR noting that the animal
is not allowed unless the warden, director or
designee, grants a request to allow the animal.
(p)
If the visitor claims that it was wrongly determined that an animal is
not a service animal, the warden, director, or designee shall consult with the
department’s representative in the attorney general’s office prior to making a decision on the request.
(q)
A service animal authorized entry into a facility during a visit, shall
be on a leash, harness, or tether at all times while on facility property, unless this would
interfere with the tasks it performs, in which case it shall be under voice
control of the visitor.
(r)
Facility staff shall not provide care for a visitor’s service animal.
The visitor shall not bring in food, water, or medication for the service animal.
The service animal shall not transport carrying bags or other containers or
other property unless necessary to the work or task it performs for the
visitor.
(s)
A service animal on its leash, harness, tether, vest,
or other items shall be required to pass all security searches applicable to
visitors. A visitor with a service animal may be separated briefly from the
service animal to allow for a search by a local, state police, or NHDOC canine
unit.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.23 “Acknowledgement for Visitors with Service
Animals Form”.
(a)
Individuals attending visits with a service animal shall be required to
complete and submit an “Acknowledgement for Visitors with Service Animals
Form”.
(b)
Forms shall be completed and submitted prior to
a service animal being granted access to a NHDOC facility.
(c)
A prospective visitor who is accompanied by a service animal shall
provide on the “Acknowledgement for Visitors with Service Animals
Form” the following:
(1)
His or her printed name;
(2)
The type of work the service animal is trained to perform for the
visitor; and
(3)
The signature of the individual who is being accompanied by a service
animal indicating that the individual has read and agrees to all the terms
within the “Acknowledgement for Visitors with Service Animals Form” which are
listed below:
a. “I acknowledge that my service animal is required
to be on a leash, tether or harness at all times while on facility property,
unless this would interfere with the tasks the animal performs, in which case the
animal must be under my voice control.”
b. “I acknowledge that my service animal may be
excluded from entering or may be removed from the facility if it:
1. Is out of control and I do not take effective
action to control it;
2. Presents as
aggressive or interferes with staff,
other visitors, prisoners, other persons, or other animals;
3. Is not housebroken; or
4. Its behavior otherwise presents a risk of injury or
property damage.”
c. “I also acknowledge that my service animal
may be excluded from entering the facility based on a past incident of behavior
at this facility or another facility that presented a risk of injury or
property damage.”
d. “I acknowledge that if my service animal is
excluded before a visit begins, I may visit without the animal provided that
the animal is removed from facility property. I also acknowledge that if my
service animal is removed during a visit, I shall be required to leave with the
service animal and I will not be authorized to return to complete the visit.”
e. “I acknowledge that if my service animal is
excluded or removed from the facility, it will not be allowed in the facility
again unless I apply in writing to the facility’s warden, director
or designee, for the service animal to be allowed. The warden, director
or designee, in his or her complete discretion; will decide whether the service
animal may be admitted to the facility in the future.”
f. “I acknowledge that I will be liable for all
injuries or property damage caused by my service animal while on facility
property.”
g. “I acknowledge that I must comply with the
requirements of NH Admin Rule Cor 305, Access Of Visitors To Facilities Of The Department Of Corrections and the
instructions of staff.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.24 Facilities Within the Division of Community
Corrections.
(a)
In addition to the following, all rules established within Cor 305 shall
apply at all facilities within the division of community corrections.
(b)
Transitional Work Center (TWC) and Transitional Housing Unit (THU)
residents shall be authorized to have visits with approved visitors as outlined
within the community corrections resident handbook.
(c)
Visits shall not interfere with work, meetings, programming
or house job responsibilities.
(d)
TWC and THU residents, who, while residing in the prison, have had their
visiting privileges suspended, shall have their visiting privileges reinstated
while residing at the TWC or a THU.
(e)
This exception shall only be in effect only while the resident is
residing at the TWC or a THU.
(f)
Any previously suspended restrictions shall be reinstated if a resident
is returned to a secure facility.
(g)
Additional guidelines and site-specific details that shall apply to
facilities within the division of community corrections shall be detailed within
the resident handbook for the community corrections facility in which a resident
is assigned.
(h)
Questions, comments, or concerns related to visiting procedures at NHDOC
community corrections facilities shall be addressed to the director of
community corrections or his or her designee.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.25 Debarment from Departmental Facilities. Visitors or others who fail to follow the
rules pertaining to NHDOC facilities or areas shall be barred from re-entry
thereon by the commissioner, or person in charge of the facility or their
agent, by notifying them in person or in writing of the debarment, the reasons
therefore, and the duration of the debarment.
Persons found to be in violation of the debarment order shall be
reported to law enforcement authorities for possible prosecution under the
provisions of RSA 635:2, or other appropriate statutes. All debarred persons shall have the right of
appeal to the applicable warden, director or designee.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 305.26 Permission to Re-Enter. Persons desiring to re-enter NHDOC facilities,
once being removed or debarred, shall not re-enter said facilities without
requesting of the commissioner of corrections or the commissioner’s designee to
have the person’s visiting privileges restored.
The commissioner or designee shall render a written decision based on an
assessment of future risks, rehabilitative needs of the resident, and security
of the institution.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
PART Cor 306 CONTROL OF CONTRABAND ON DEPARTMENTAL
PROPERTY
Cor 306.01 Contraband.
(a)
Items identified as contraband shall fall into 2 general categories:
(1)
Items not allowed anywhere on departmental property; and
(2) Items not allowed inside departmental
facilities that must be secured either in a visitor’s vehicle or within a
locker available in a visitor reception area.
(b)
Contraband items not allowed anywhere on departmental property shall
consist of the following:
(1)
Any substance or item whose possession is unlawful for the person or the
general public possessing it;
(2)
Any explosive device, bomb, grenade, dynamite or dynamite cap, or
detonating device including primers, primer cord, explosive powder, or similar
items, or simulations of these items; and
(3) Lock-picking kits or tools or instructions
on picking locks, making keys, or making surreptitious entry or exit.
(c)
Neither visitors from the general public nor
department employees shall be permitted to have in their possession items not
allowed anywhere on departmental property.
(d)
Contraband not allowed inside departmental facilities shall include the
following:
(1)
Any firearm, simulated firearm, or device designed to propel or guide a projectile
against a person, animal, or target;
(2) Any bullets, cartridges, projectiles,
or similar items designed to be projected against a person, animal, or target;
(3)
Any drug item, whether medically prescribed or not, in excess of a
one-day supply or in such quantities that a person would suffer intoxication or
illness if the entire available quantity were consumed alone or in combination
with other available substances;
(4)
Any intoxicating beverages;
(5)
Knives and knife-like weapons;
(6) Clubs and club-like weapons;
(7) Maps of the prison vicinity or sketches
or drawings or pictorial representations of the facilities, its grounds, or its
vicinity;
(8)
Sums of money or negotiable instruments in excess of $100;
(9)
Pornography or pictures of visitors or prospective visitors undressed;
(10) Radios capable of monitoring or transmitting
on the police band in the possession of other than law enforcement officials;
(11) Identification documents, licenses, and
credentials not in the possession of the person to whom properly issued;
(12) Ropes, saws, grappling hooks, fishing line,
masks, artificial beards or mustaches, cutting wheels, or string, rope, or line
impregnated with cutting material, or similar items to facilitate escapes;
(13)
Balloons, condoms, false-bottomed containers, or other containers which
could be used to facilitate transfer of contraband;
(14)
Tobacco products, except those secured in a visitor’s locked vehicle; and
(15)
Cellphones not issued by or approved in writing by the department.
(e)
Contractors and vendors that can demonstrate a need shall obtain approval
to bring cellphones into a facility by petitioning the warden and receiving
such permission in writing.
(f)
Departmental-issued cellphones shall be those cell phones issued through
the department’s division of administration.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18; ss
by #12763, eff 5-1-19
Cor 306.02 Contraband on Departmental Property Prohibited.
The possession, transport, introduction,
use, sale or storage of contraband on departmental
property shall be prohibited under the provisions of RSA 622:24 and RSA 622:25.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
Cor 306.03 Searches and Inspections Authorized.
(a) Any person or possessions on departmental
property shall be subject to search to discover contraband. Searches shall be necessary to prevent the introduction
of contraband into the facilities by persons under departmental control
and to prevent escapes, violence, and situations where violence is likely. Travel onto departmental property shall
constitute implied consent to search for contraband pursuant to RSA 622:24-25,
and RSA 622:39. In such cases where
implied consent exists, the visitor shall be given a choice of either
consenting to the search or immediately leaving departmental property. Nothing in Cor 306.03, however, shall prevent
non-consensual searches in situations where probable cause exists to believe that
the visitor is or has attempted to introduce contraband into a departmental
facility pursuant to the laws of New Hampshire concerning search, seizure, and
arrest or otherwise authorized by law.
(b) All motor vehicles parked on departmental
property shall be locked and have the keys removed. Correctional uniformed staff shall check to
ensure that vehicles are locked and shall visually inspect the plain view interiors
of the vehicles. Vehicles discovered to
be unlocked shall be searched to ensure that no contraband is present. Contraband
discovered during searches shall be confiscated as evidence and turned over to
law enforcement authorities for use in possible prosecution.
(c) All persons entering departmental facilities
to visit with persons under departmental control or patients of the SPU, or staff,
or to perform services at the facilities or to tour the facilities shall be
subject to having their persons checked for contraband. In order to minimize
the scope of such searches, items not needed for the visit such as purses,
coats, and other baggage shall be left either in the vehicles or in the small
lockers provided. All items and clothing
carried into the institution waiting area shall be searched for
contraband. Items left at the storage
area shall be subject to inspection and search. Contraband seized shall be retained as
evidence and turned over to law enforcement authorities for use in possible prosecution.
(d) Individual employees shall not be searched by
a person of lower rank or of the opposite sex without explicit approval of the
commissioner. Approval shall be obtained
by contacting the commissioner by cellphone. If the commissioner cannot be reached,
the shift commander shall have the ability to grant the approval.
(e) When reliable information exists from informants
or law enforcement agencies that a visitor is expected to deliver contraband to
a person under departmental control, or patient of the SPU, the visitor shall be
offered the opportunity to choose to be searched, including a body scan, strip
search and a viewing of body cavities, or not to enter the facility. Since such searches are unpleasant and time
consuming for all involved, they shall be required only on the authority of the
chief of security, chief administrator of the facility, or
higher authority
on a special need basis where such apparently reliable information clearly
mandates the need for contraband exclusion.
Such searches shall be accomplished by 2 or more staff members of the
same sex as the person to be searched and shall be done out of the public view.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18; ss by
#12764, eff 5-1-19
Cor 306.04 Inspection of Material Subject to Attorney-Client
Privilege.
(a) Material the confidentiality of which is
protected by attorney-client privilege shall be, nevertheless, subject to some
inspection, as outlined below, to ensure the absence of contraband. The interest of persons under departmental
control and patients of the SPU and attorneys in maintaining the
confidentiality necessary to effectuate legal representation shall be
accommodated to the maximum extent possible consistent with the facility's need
to ensure internal security.
(b) Prior to entering a departmental facility, all
visiting attorneys and other persons designated in writing by the attorney as his or her
agent, such as paralegals, law clerks, or private investigators, shall be
required to certify in writing that no written or other
contraband is contained in any material brought into the facility by the
attorney or the attorney’s agent.
(c)
Prior to entering a departmental facility, all visiting attorneys and
other persons designated in writing by the attorney as his or her
agent, such as paralegals, law clerks, or private investigators, shall submit
their persons and all books, briefcases, folders, files, or other containers of
whatever description being carried by them to a search by the appropriate
officer.
(d)
Prior to any search, the attorney or his or her agent shall designate
which materials in his or her possession, if any, are subject to an
attorney/client privilege of confidentiality.
(e)
The inspecting officer shall search all material except that designated
as coming within the scope of attorney/client privilege. Material
designated as privileged shall only be inspected in a manner detailed in (f)
below and in the immediate presence of the visiting attorney or the attorney’s agent.
(f) The inspecting officer shall not
scrutinize any material designated as privileged for textual contraband. Rather, the attorney shall place the privileged
material or file face down or text side down on a flat surface designated by the
officer. The officer shall then by touching
or mechanical means inspect the privileged material to ensure the absence of
concealed physical contraband other than textual contraband. Such inspection shall include a page-by-page
separation of and pat down of the privileged written
material provided the inspected material is examined text side down and in the
presence of the visiting attorney. The
attorney shall ensure that no attempt to read any confidential material occurs, and shall report any suspected violation to the
warden or his or her agent immediately. The warden or his or her agent shall initiate
immediate and appropriate administrative action against any officer violating
any provision of this rule.
(g)
The procedures set out herein pertaining to the inspection of privileged
material sought to be introduced into a facility shall also be applicable to
privileged material upon departure from the facility.
(h)
Inspected legal material may be given to the person under departmental
control or patient of the SPU client during the visit.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
PART
Cor 307 WORK RELEASE Reserved
and Moved to Cor 411
PART Cor 308 HOME CONFINEMENT
Cor 308.01 Confinement to a Person's Place of
Residence.
(a) Under the provisions of RSA 651:2, V (b) a
court may order that, as a condition of probation, a person be confined to his
or her place of residence for not more than one year in the case of a
misdemeanor or more than 5 years in the case of a felony.
(b) Home confinement shall be monitored by a
probation or parole officer, supplemented by electronic monitoring to verify
compliance when established by the court or the parole board as a condition of
supervised release.
(c) Home confinement shall be recommended to the commissioner
as a punitive sanction for persons under departmental control meeting the
following criteria:
(1) The person under departmental control shall
establish and maintain a residence and employment plan that meets the control needs
identified for the person under departmental control by the evaluating probation
or parole officer;
(2)
The person under departmental control shall have been placed on
probation or parole and identified as being in need of a highly structured
community release program in which activities beyond employment, self-improvement
pursuits, and fulfilling basic needs require strict and close monitoring beyond
that provided under curfew restrictions;
(3)
The person under departmental control shall agree to maintain telephone
service in his or her residence;
(4)
Less restrictive alternatives have not proven successful, or are not
adequate for the specific person under departmental control; and
(5)
The person under departmental control is a probationer or parolee who is
considered, by the evaluating probation or parole officer, to be a substantial
risk for repeated infractions of probation conditions, if not rigidly monitored.
(d) The department shall recommend to the adult
parole board that home confinement be considered as a condition of parole for
persons under departmental control in need of a highly structured community
release program in which activities beyond employment, self-improvement
pursuits, and fulfilling basic needs require strict and close monitoring beyond
that provided under curfew restrictions.
(e) Any person
under departmental control in home confinement who violates the conditions
established shall be subject to immediate arrest by a probation or parole
officer or any authorized law enforcement officer and brought before the court
or adult parole board for an expeditious hearing pending further disposition
pursuant to RSA 651:2, V(f).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
PART Cor 309 INTENSIVE SUPERVISION PROGRAM
Cor 309.01 Intensive Supervision Program.
(a) Intensive supervision shall be an alternative
to incarceration and shall be the highest level of supervision provided in probation
and parole.
(b) A person under departmental control shall be considered
eligible for intensive supervision when the following criteria shall have been
met:
(1)
The person under departmental control shall be a prison-bound offender,
a convicted felon on probation who otherwise would be sentenced to a term in the
state prison, including felons for whom a house of correction sentence has or might
be selected, when probation failure could be punished by a state prison sentence;
(2)
The person under departmental control shall not, at any time, have been
found guilty of committing, attempting to commit, soliciting to commit, or conspiring
to commit any drug related offense or offense of violence, assault, or both including,
but not limited to, the following:
a. RSA 629:1, 629:2, or 629:3;
b. RSA 630:1;
c. RSA 630:1-a;
d. RSA 630:1-b;
e. RSA 630:2;
f. RSA 631:1;
g. RSA 632-A:2;
h. RSA 633:1;
i. RSA 636:1;
j. RSA 642:6;
k. RSA 642:9;
l. RSA 649-A; and
m. RSA 650-A:1; and
(3)
The person under departmental control shall submit to the division of field
services a residence plan that is a stable living arrangement in a law-abiding
environment.
(c) Should the person under departmental control
be ineligible for the intensive supervision program pursuant to (a) above the
person under departmental control may seek a waiver of the criteria by the commissioner
through the classification process.
(d) The commissioner or designee shall waive any
or all criteria established in (a) above if he or she determines, after considering
the following factors, that the waiver will allow for a proper placement in an
intensive supervision program:
(1)
The person under departmental control has any prior criminal convictions;
(2)
The person under departmental control’s criminal act or acts were committed
under duress, domination by another, mental or emotional stress, or similar circumstances;
(3)
The person under departmental control is able to
document that he or she has been able to maintain stability with regard to work
history, residence, education, or family; or
(4)
The person under departmental control is able to document other factors
that would tend to substantiate the offender’s ability to maintain a law
abiding life style.
(e) Any person under departmental control placed
in the intensive supervision program who violates the conditions or restrictions
of his or her probation shall be subject to immediate arrest by a probation or
parole officer or any authorized law enforcement officer and brought before the
court for an expeditious hearing pending further disposition pursuant to RSA
651:2, V(f).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
PART Cor 310 PAYMENTS AND COLLECTIONS
Cor 310.01 Payments and Collections.
(a) All payments and collections of fees, fines,
and restitutions shall be pursuant to orders of the court or the adult parole
board. Service and supervision fees shall be collected pursuant to RSA
504-A:13.
(b) The person under departmental control shall
execute a payment contract that shall set forth the obligations of payment and
shall include a payment plan as agreed to by the division of field services or
the court.
(c) Individual ledgers shall be maintained by the
department that shall accurately reflect the balance due and any
and all payments made by or on behalf of the person under departmental
control.
(d) Failure to make payments in accordance with
the payment contract shall result in the filing of a notice, violation, or both
with the court or adult parole board if appropriate.
(e) Upon receipt of any payment made, in full or
in part, the payer shall be given a receipt and such payment shall be appropriately
recorded.
(f) All changes in court orders or parole board orders
or payment plans regarding payment and collections shall be appropriately
documented by the execution of an updated payment contract.
(g) The department shall maintain all records and
corresponding documentation in a manner and method consistent with generally
accepted accounting principles.
(h) In the event the person under departmental
control makes a payment with a check which is returned to the division of field
services by the bank due to insufficient funds, a notice shall be promptly
forwarded to the person under departmental control notifying him or her of the insufficient
funds status of the account and instructing him or her that all future payments
shall be made in the form of cash, certified bank draft, or money order. The person under departmental control shall
be held responsible for any bank or other charges levied for the insufficient
check pursuant to RSA 6:11-a.
(i) Arrearage notices
shall be forwarded to the person under departmental control when he or she
becomes 30 days behind in the payment obligation as contained within the person
under departmental control’s payment contract.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Cor 300) #12502, eff 3-23-18
PART Cor 312 REQUEST SLIPS
Cor 312.01 Request Slip.
(a)
The “Request Slip” form shall be utilized by residents to communicate
written requests to NHDOC staff, contractors or
volunteers, except when “Request Slips” are not available. In that case, any other medium shall be
acceptable when Request Slips are not available.
(b)
The “Request Slip” form may be electronic or a 3-page carbonless copy
form with white, canary, and pink colored pages.
(c) A resident who wishes to communicate with a
staff member shall supply on the “Request Slip” form the following information:
(1) The date;
(2) His or her last name, first name, and middle initial;
(3) His or her booking number;
(4) His or her housing unit and cell number;
(5) His or her work shift; and
(6) A brief description of the issue to which he
or she wants a staff member to respond to.
(d)
The resident shall forward the request to his or her housing unit
supervisor or designee, for prompt attention.
(e)
The housing unit supervisor or designee, upon receipt of the resident’s
“Request Slip”, shall either:
(1) Respond to the request by supplying on the
“Request Slip” form the following information;
a. The date;
b. The responding staff member’s name; and
c. The response; or
(2) Date and forward the request to the appropriate
staff member for a response.
(f)
If the “Request Slip” is forwarded to another staff member for a
response, that staff member shall supply on the “Request Slip” the information
outlined in (e)(1), above.
(g)
The response to the resident pursuant to either (e)(1) or (f) above
shall be forwarded to the resident.
(h)
A member of the housing unit staff of the resident or through a
centralized mail distribution system location shall provide the response to the
resident.
(i) The resident upon receipt of the response
shall:
(1) Sign the “Request Slip” form to acknowledge receipt;
(2) Retain the canary copy for his or her
records; and
(3) Return the white and pink copies to the
housing unit staff.
(j)
The housing unit staff member shall upon receipt of the copies:
(1) Forward the pink copy to the staff member who
responded to the resident’s “Request Slip”; and
(2) Forward the white copy to the client records
office for inclusion in the file of the resident.
(k)
For requests submitted electronically, the system managing the requests
will provide the same level of tracking and information as the 3-page
carbonless copy process provides.
(l)
Requests shall be responded to within 10 working days of receipt by the
proper respondent.
(m)
If requests cannot be answered in 10 working days, the resident shall be
so informed and provided a reason why additional time is needed.
(n)
No more than 10 additional working days shall be permitted as an
extension to respond to the request.
(o) Residents
may send confidential in-house “Request Slips” in sealed envelopes to the:
(1) Commissioner;
(2) Warden;
(3) Director;
(4) Medical staff;
(5) Behavioral health staff; and
(6) Investigations bureau
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
PART Cor 313 FORMAL COMPLAINTS AND GRIEVANCES BY PROBATIONERS,
PAROLEES, RESIDENTS
Cor 313.01 Purpose. The
purpose of this rule is to establish an administrative procedure, through which
a resident shall have a method to request a formal review of any issue related
to any aspect of his or her confinement.
Source. #12792, eff 5-25-19
Cor 313.02 Definitions.
(a) “Electronic
request” means an electronic communications method used by residents to communicate
with employees of the department of corrections.
(b) “Formal complaint” means a documented
complaint utilizing the electronic request or request slip form of
communication.
(c) “Grievance” means a written complaint by a
resident on the resident’s own behalf regarding a policy
applicable to the resident, a condition of the resident’s confinement, an
action involving a resident of the institution, or an incident occurring within
the institution. The term “grievance”
does not include a complaint relating to a parole decision.
(d) “Institution” means the prison or other
correctional facility operated by the “New Hampshire department of corrections
(NHDOC).
(e) “Level I grievance” means the first level of
a 2-level grievance procedure.
(f) “Level II grievance” means the second level
of a 2-level grievance procedure.
(g) “Request Slip” means a form used by residents
to communicate in written form with employees of the department of corrections
pursuant to Cor 312.
(h) “Resident” means a person who has been
committed to the custody of the commissioner pursuant to a court order, or is transferred to the custody of the commissioner
from a facility outside the state prison system where the person was confined
pursuant to a court order. For purposes
of this section the term includes; inmates, patients,
probationers, and parolees.
Source. #12792, eff 5-25-19
Cor 313.03 Grievance Procedures.
(a) A resident shall attempt informal resolution
before filing a grievance under this section.
(b) A grievance shall be written by a resident on
their own behalf and contain complaints such as, but not limited to:
(1) Discipline imposed under
the disciplinary system;
(2) Allegations of mistreatment
or abuse;
(3) His or her classification
assignment; and
(4) Violations of any statute
or rule.
(c) The grievance procedure shall afford a
successful grievant a meaningful remedy.
(d) Residents shall not be treated adversely for
complaining, filing a grievance, or filing a lawsuit.
(e) Every resident shall be entitled to utilize
the grievance procedure regardless of any disciplinary, classification, or
administrative decision to which the resident may be subject.
(f) Residents who submit 3 or more complaints or
grievances that are found to be baseless, or not made in good faith, shall be
subject to administrative disciplinary measures.
(g) All residents shall be informed of the
grievance procedure during the orientation period, and
shall receive instruction on locating these procedures within the resident
handbooks.
(h) Residents shall not submit a request or
grievance on behalf of another resident without requesting approval to do so
from the director or warden, by completing and submitting a “Request Slip” form
pursuant to Cor 312, and obtaining such approval. Approval shall be granted if the director,
warden, or designee determines there exist circumstances which would warrant
such assistance, including, but not limited to, a resident who has a medical or
mental health condition, disability, or language barrier that would inhibit the
ability to submit the request independently.
(i) Residents shall utilize the electronic
versions of the “Request Slip” form and “Grievance Form” unless staff can
articulate and document that giving access to the required device might result
in injury to the resident or may result in damage to the device.
(j) Individuals originally sentenced to the NHDOC
that are housed in a county or federal facility or pursuant to an interstate
compact shall utilize the grievance system of the jurisdiction where housed.
(k) Records of a resident utilizing the grievance
procedure shall be considered confidential and shall not be disclosed to other
residents.
(l) The grievance process shall be a 3-tiered
system consisting of:
(1) A formal complaint;
(2) A level I grievance; and
(3) A level II grievance.
(m) Residents may send confidential in-house formal
complaints and grievances in sealed envelopes to the:
(1) Commissioner;
(2) Warden;
(3) Director;
(4) Medical staff;
(5) Behavioral health staff;
and
(6) Investigations
bureau.
Source. #12792, eff 5-25-19;
ss by #13154, eff 1-5-21 (See Revision Note #4 at chapter heading for Cor 300)
Cor 313.04 Formal Complaint.
(a) Residents initiating formal complaints shall utilize
the electronic request process or a “Request Slip” form pursuant to Cor 312.
(b) Formal complaints shall be limited to one
subject per complaint.
(c) All formal complaints shall be transmitted
without alteration, interference, or delay.
(d) Residents shall attempt resolution at the
lowest level possible using first an informal process and should that fail, the
formal complaint process prior to filing a grievance; these attempts shall be addressed
to the highest-level authority within a housing unit, or work area first.
(e) The highest housing, or work area authority
shall include but not be limited to:
(1) The housing unit supervisor;
(2) The dental supervisor;
(3) The canteen supervisor;
(4) The medical supervisor; or
(5) The chief probation and
parole officer.
(f) Formal complaints shall be received within 30
calendar days of the date on which the event being reported occurred.
(g) A formal complaint shall contain sufficient
detail to allow for investigation, including, but not limited to:
(1) The resident’s name;
(2) The date of the occurrence;
(3) The name(s) of departmental
staff involved;
(4) The name of witnesses;
(5) The nature of the complaint;
(6) The violation of policy,
rule, or law; and
(7) The relief or action which is
sought.
(h) When a staff member receives a formal complaint,
the staff member shall ascertain the nature of the complaint,
and determine if it is within the staff member’s authority to answer the
formal complaint or rectify the situation.
(i) If the formal complaint exceeds the
recipient’s authority, the formal complaint shall be forwarded to a person with
the authority to respond appropriately.
(j) The formal complaint process shall be skipped
when the resident demonstrates that using the formal complaint process is
likely to subject the resident to a substantial risk of personal injury, or cause other serious and irreparable harm to the
resident. An unsupported allegation of fear of retaliation shall not be
sufficient to alter the formal grievance process.
(k) Inquiry into formal complaints shall be
factual.
(l) Formal complaints shall be responded to
within 15 working days of receipt by:
(1) Granting the relief
requested if the complaint is validated during the investigation process;
(2) Denying the relief requested
if the complaint is deemed to be unfounded during the investigation process; or
(3) Referring the resident to
the appropriate staff or area to address the formal complaint, when, and if, it
has been determined to be outside of the authority of the investigating staff
member to reach a resolution.
(m) If investigation into the subject matter of
the formal complaint requires additional time for investigation, an additional
15 days shall be available. The resident
shall be notified of any extension before the initial 15 days expires.
(n) Residents shall be notified of the findings
and what the resolution is in writing following the completion of the
investigation. After the resident has received the outcome, he or she may
choose to elevate the complaint to a Level I grievance, and all actions
executed within Cor 313.04 shall satisfy the requirement to demonstrate the
formal complaint process has been fully exhausted.
Source. #12792, eff 5-25-19
Cor 313.05 Level I Grievance.
(a) All grievances shall be transmitted without
alteration, interference, or delay.
(b) Except as noted in Cor 313.04 (j), a Level I grievance
shall not be accepted unless it demonstrates that the formal complaint process
has been utilized and exhausted.
(c) Grievances shall be filed within 15 days of
the date of the response to the formal complaint.
(d) Level I grievances shall be directed to the
appropriate warden, director, or administrator as follows:
(1) Items controlled by security
staff, to the warden or director;
(2) Maintenance, laundry, and
food issues, to the director of administration;
(3) Resident account issues, to
the director of administration;
(4) Medical, dental, and pharmacy
issues, to the director of medical and forensics;
(5) Behavioral health issues,
to the director of medical and forensics;
(6) Disciplinary hearings,
claims, or investigations issues, to the professional standards director;
(7) Classification and client record
issues, to the administrator of classification and client records;
(8) Community corrections and
program issues, to the director of community corrections and programs; and
(9) Probation and parole issues,
to the director of field services.
(e) Level I grievances shall be limited to one
subject per grievance.
(f) Residents who demonstrate a valid reason for a delay shall
have an extension in the filing time granted. Requests for extension shall be
made using the “Request Slip” form pursuant to Cor 312. Those on probation or
parole shall be required to submit a request in writing to the appropriate
authority.
(g) Valid reasons for a delay shall include, but
not be limited to:
(1) Probationer, parolee, or
facility resident illness or hospitalization;
(2) Death in the family; or
(3) No access to writing
materials.
(h) Grievances shall be date stamped on the date
of receipt whether electronically or manually. The date stamp shall be the
controlling factor when determining timelines.
(i) A grievance tracking form shall be utilized
by the warden, director, or administrator to record the receipt of and
responses to resident grievances.
(j) The keeper of the grievance tracking form
shall include on the form:
(1) Probationer, parolee, or
facility residents name;
(2) Identification number;
(3) Date of receipt of the grievance;
(4) Nature of the grievance;
(5) A summary of the reply to
the grievance;
(6) Date the grievance was
responded to, and
(7) Additional comments, which may be pertinent
to the grievance.
(k) Residents filing a grievance either
electronically or on a paper form shall ensure the “Grievance Form” contains
sufficient detail to allow for investigation, which shall include at a minimum,
but not limited to be:
(1) The resident or grievant name;
(2) The resident or grievant
identification number;
(3) The resident or grievant
address or housing assignment;
(4) The date in which the form
is being completed;
(5) The description of the grievance
to include the violation of policy, rule, or law as well as the date and
location of the occurrence;
(6) The name(s) of departmental
staff involved;
(7) The name of witnesses (if
applicable); and
(8) The relief or action that
is sought.
(l) The warden, director, or administrator shall
review the grievance, direct an investigation to be conducted if necessary, and
respond to the grievance.
(m) If the grievance exceeds the warden, director
or administrator’s authority, the grievance shall be forwarded to the person
with the authority to respond appropriately.
(n) The Level I grievance process shall be
skipped when the resident can demonstrate that using the Level I grievance
process is likely to result in identifiable risk or harm to his or her physical
safety or psychological well-being. An un-supported allegation of fear of
retaliation shall not be sufficient.
(o) Inquiry into requests shall be factual.
(p) Residents shall be notified of the facts and
resolution in writing.
(q) Grievances shall be responded to within 30
calendar days of receipt by:
(1) Granting the relief
requested if the complaint is validated during the investigation process;
(2) Denying the relief
requested if the complaint is deemed to be unfounded during the investigation
process; or
(3) Referring the resident to
the appropriate staff or area to address the formal complaint, when, and if, it
has been determined to be beyond the authority of the NHDOC.
(r) If investigation into the subject matter of
the Level I grievance requires additional time for investigation, an additional
30 days shall be available. The resident shall be notified of any extension
before the initial 30 calendar days expires.
(s) Residents shall be notified of the findings
and what the resolution is in writing following the completion of the
investigation. After the resident has received the outcome, he or she may
choose to elevate the complaint to a Level II grievance, and all actions
executed within Cor 313.05 shall satisfy the requirement to demonstrate the Level
1 grievance process has been fully
exhausted.
Source. #12792, eff 5-25-19
Cor 313.06 Level II Grievance.
(a) All grievances shall be transmitted without
alteration, interference, or delay.
(b) Except as noted in Cor 313.05 (n), a Level II
grievance shall not be accepted unless it demonstrates that the Level I
Grievance process has been utilized and exhausted.
(c) Level II grievances shall be directed to the commissioner.
(d) Level II grievances shall be limited to one
subject per grievance.
(e) Level II grievances must be filed within 15
days of the date of the response to the Level I Grievance.
(f) Residents who demonstrate a valid reason for
a delay shall have an extension in the filing time granted. Requests for
extension shall be made using the “Request Slip” form pursuant to Cor 312.
Those on probation or parole shall be required to submit a request in writing
to the appropriate authority.
(g) Valid reasons for a delay shall include, but
not be limited to:
(1) Probationer, parolee, or
facility resident illness or hospitalization;
(2) Death in the family; or
(3) No access to writing
materials.
(h) Level II grievances shall be date stamped on
the date of receipt whether electronically or manually. The date stamp shall be
the controlling factor when determining timelines.
(i)
A grievance tracking form shall be
utilized by the warden, director, or administrator to record the receipt of and
response to grievances.
(j) The keeper of the grievance tracking form
shall include on the form:
(1) Probationer, parolee, or
facility resident’s name;
(2) Identification number;
(3) Date of receipt of the grievance;
(4) Nature of the grievance;
(5) A summary of the reply to
the grievance;
(6) Date the grievance was
responded to; and
(7) Additional comments which
may be pertinent to the grievance
(k) All Level II grievances shall be completed and
submitted in accordance with Cor 313.05 (k) (1)(7) above.
(l) The commissioner shall review the grievance,
direct an investigation to be conducted if necessary, and respond to the
grievance.
(m) Inquiry into requests shall be factual.
(n) Residents shall be notified of the findings
and what the resolution is in writing following the completion of the
investigation.
(o) Level II grievances shall be responded to
within 30 calendar days of receipt by:
(1) Granting the request if the
complaint is validated during the investigation process;
(2) Denying the request; or if
the complaint is deemed to be unfounded during the investigation process; or
(3) Referring the resident to
the appropriate staff or area to address the formal complaint, when, and if, it
has been determined to be beyond the authority of the NHDOC.
(p) If investigation into the subject matter of
the Level II grievance requires additional time for investigation, an
additional 30 calendar days shall be available. The resident shall be notified
of any extension before the initial 30 calendar days expires.
Source. #12792, eff 5-25-19
PART Cor 314 RESIDENT MAIL,
ELECTRONIC MESSAGING, AND PACKAGE SERVICE.
Cor 314.01 Purpose. The purpose of this part is to establish departmental rules for incoming and outgoing
correspondence, publications, and packages.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.02 Applicability. This part shall be applicable to all NHDOC
staff, residents, and the public.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.03 Definitions.
(a)
“Commissary” means a place where residents can purchase clothing, food and sundries; the term also includes canteen.
(b)
“Cash withdrawal slip” means a form used for residents to
draw funds from their resident account in order to
purchase items or pay bills.
(c)
“Electronic messaging” means a privilege that
provides digital correspondence service provided by a contracted vendor.
(d)
“Hobbycraft” means an activity where residents participate
in arts and crafts.
(e)
“Investigations bureau” means the bureau
charged with investigating allegations of gross misconduct or criminal activity.
(f)
“Legal mail” means correspondence between a resident and his or her
attorney(s), but
does not include electronic messages.
(g)
“Literary Review Committee (LRC)” means a committee appointed by the
commissioner of corrections to review questionable materials attempting to be
introduced into a facility.
(h)
“Partially nude figure” means a figure with less than completely and opaquely covered
human genitals, pubic region, buttocks, or female breast below a point
immediately above the top of the areola.
(i) “Privileged mail” means correspondence
with public officials, including any elected state or federal official or any
appointed head of a state or federal agency, courts, attorneys, medical offices,
or law-enforcement agencies.
(j)
“Resident account” means an account established by
the NHDOC for the resident to control the resident’s funds.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.04 Procedure.
(a)
The NHDOC shall allow residents to send and receive correspondence,
publications, and packages through the United States Postal Service, contracted
vendor, or regulated parcel carriers, according to all applicable laws and regulations.
(b)
Members of the public who choose to communicate using the electronic
messaging system implicitly consent to:
(1) Staff monitoring all
electronic messages;
(2) Potential suspension or
revocation of service for individuals who transmit content identified as
unacceptable pursuant to Cor 314.11; or should the message, attachment, or both
contain materials that directly threaten operational security, personal
security, or both, or contain images or acts of abuse, violence, or both. and
(3) Failure to abide by rules
set forth within Cor 314 shall result in a forfeiture of use of the electronic
messaging service for a minimum of one year from the date of the occurrence.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.05 Incoming Mail Requirements.
(a)
Incoming correspondence shall be written in black or blue ink pen, or
pencil.
(b) Incoming correspondence containing any of the
following, but not limited to, shall be prohibited:
(1) Marker;
(2) Crayon;
(3) Colored pencil;
(4) Glitter;
(5) Chalk;
(6) Lipstick;
(7) Sticker(s);
(8) Adhesive material; and
(9) Gel pens.
(c) Incoming correspondence shall use unscented standard white
copy, printer, or loose-leaf paper or standard stock index cards.
(d)
The following forms of correspondence shall be prohibited:
(1) Greeting cards;
(2) Postcards featuring any type
of printed design, picture or depiction; and
(3) Any unusually thick paper
or stationary.
(e) All books, periodicals, and magazines shall be:
(1) From a bona fide publisher
or bookstore;
(2) Prepaid and postage paid;
and
(3) Delivered through the
United States Postal Service.
(f)
COD packages and items that have been re-packed or delivered by other
sources shall not be accepted.
(g)
Newspaper articles, internet printings, and photocopies shall be authorized
if they do not violate any other standard of this rule, and:
(1) The article shall be no larger
than standard letter size of 8 1/2 inches by 11 inches; and
(2) The article shall not
be altered in any form.
(h) Book size shall not exceed 9 inches by 12
inches.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.06 Mail and Package Limitations.
(a)
When the cost is borne by the resident, there shall be no limit on the volume
of letters a resident may send or receive.
(b)
Incoming resident mail shall be limited to 10 pages in length per
letter.
(c)
Packages shall be limited to 15 pounds.
(d)
Bulk mail that advertises or solicits any item or service that residents
are not authorized to receive shall not be forwarded to the residents.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.07 Mail Security Screening.
(a)
All incoming and outgoing mail shall be subject to being opened, copied and read except for privileged correspondence and
legal mail pursuant to Cor 314.15 and Cor 314.16.
(b)
No correspondence shall be accepted with any type of binding attached to
the pages of the documents. The NHDOC shall not consider a single staple to be
“bound.” Staff shall remove a single staple and forward the mail to the
resident.
(c)
The following documents addressed to residents shall be accepted by the mailroom staff and forwarded to the administrator of programs of the facility
where the resident is housed:
(1) Birth certificate;
(2) Passport;
(3) Certificates of naturalization;
(4) Social security cards;
(5) Driver’s licenses; and
(6) Non-driver license identification issued by the
NH department of motor vehicles.
(d)
If a resident, through legal mail, privileged correspondence, or regular
mail receives a check, the check shall be forwarded to the mailroom to be
logged and forwarded to the NHDOC bureau of resident accounts where the check
shall be deposited in the resident’s account.
(e)
All cash received in the mail shall be treated as
contraband.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.08 Electronic Message
Screening.
(a)
All incoming and outgoing electronic messages shall be subject to monitoring
and inspection prior to delivery.
(b)
Incoming or outgoing messages that are in violation of this rule shall be
rejected unless the message is potentially criminal in nature in which case the
message shall be forwarded to the investigations bureau for further review.
(c)
Messages sent by residents that are in violation of this rule shall
subject the resident to administrative or criminal action, or both.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.09 Withholding or Rejecting of Mail, Electronic
Messages or Packages.
(a)
Incoming or outgoing resident mail, electronic messages, magazines,
books, or packages that meet any of the following criteria shall be withheld:
(1) Descriptions or depictions of procedures for
the construction or use of weapons, ammunition, bombs, incendiary devices, or
other items that might constitute a security hazard;
(2) Materials that depict, encourage, or describe
methods of escape from correctional facilities, or contain blueprints, drawings,
or similar descriptions of locking devices of penal institutions, and other materials
that might assist in the planning or execution of an escape;
(3) Descriptions or depictions of procedures for brewing
alcoholic beverages, or the use, procurement, or manufacture of drugs, and drug
paraphernalia;
(4) Material that violates postal regulations,
makes unlawful threats, or attempts at blackmail or extortion;
(5) Material that contains contraband as defined
by other federal or state law or regulation;
(6) Photographs,
pictures, or videos of partially nude children, or adult visitors, or
which contain an image where the head is cropped or obscured, making the age
determination of the subject indeterminable;
(7) Publications containing explicit
descriptions, advertisements, or pictorial representations of sexual acts that
include penetration, bestiality, or sex involving children;
(8) Correspondence between a resident, current
probationer or parolee or supervisee of
any other correctional department, institute or jail without the permission of
the chief administrator of each facility or his or her designee;
(9) Documents written in code or instructions on
how to write in code, including the use of emoji;
(10) Descriptions or depictions that encourage
activities which may lead to the use of physical violence, group disruption, or
security threat group activity;
(11) Materials that encourage or instruct in, the
commission of criminal activities or are in violation of the rules of conduct
for residents;
(12) Material pertaining to gambling or facilitation
of a lottery;
(13) Unauthorized solicitation of gifts, goods, or money from persons other than the family of the resident;
(14) Correspondence constituting or contributing to
the conduct or operation of a business, except correspondence necessary to
protect the property or funds of the resident during confinement or for educational
purposes;
(15) Contents that would, if transmitted, create a
clear and present danger of violence and physical harm to persons or property,
or severe psychiatric or emotional disturbance to a resident;
(16) Material or correspondence that relates to
resident or prison organized groups or unions;
(17) Security threat group correspondence or materials;
(18) Obscene material as determined and defined by
the LRC, the commissioner, or a court of law;
(19) Resident to resident mail except as
authorized by the warden, director or designee; and
(20) Materials that may jeopardize institutional security.
(b)
When incoming mail or packages, other than bulk or, third or fourth
class is rejected for any reason, the originator if readily identifiable shall
be notified that the letter or package was rejected by the respective mail or
property room staff.
(c)
All notices of rejected, non-processed, or un-forwarded mail or packages
shall be in writing and shall specifically cite the reason(s) for the rejection
or non-processing.
(d)
Any material provided to investigative agencies shall be handled and
processed as physical evidence in accordance with applicable laws, rules, and
regulations.
(e)
Residents may request one copy of the existing “Withheld Mail Log”
entries pertaining to them for a particular date or timeframe at his or her own
expense. The log shall be maintained in
the mailroom for a minimum of 60 days.
Thereafter, the log shall be archived.
(f)
All mail or electronic messages shall be withheld from residents on
suicide watch. Non-privileged mail shall
be placed in the resident’s personal property. Privileged mail shall be logged into the Legal
Mail Log where it shall be noted that the resident was unable to sign for it.
Privileged mail shall then be held in the facility property room.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.10 Mail Forwarded to the Investigations Bureau.
(a)
Material that will become part of an official investigation shall be
retained as evidence. Both the sender
and the intended recipient shall be notified by investigations bureau staff
within 10 working days that the material is being held as evidence, unless
making the notification jeopardizes the investigation, in which case a written
exception shall be sought from the professional standards director or higher
authority. In the
event that the exception is not approved, the resident shall be given
written notification within 10 days of the date of that decision.
(b)
Material that does not constitute a violation of Cor 314.11 (a) shall be
returned to the mailroom staff with instructions to forward it to the addressee. If the material is held less than 10 days, no
notice to the resident of the item being withheld shall be required.
(c)
Unauthorized resident to resident mail shall be retained by the investigations
bureau and is not subject to the notification requirement.
(d)
Material that the investigations bureau has determined should be
rejected shall be returned to mailroom staff with an explanation for rejection
together with instructions to notify both the sender, if known, and the
intended recipient. Notice to the
resident and the sender shall be from the mailroom.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.11 Privileged Correspondence.
(a)
All privileged mail shall be completely confidential and shall be
clearly marked “Privileged” on the address side of the envelope.
(b)
Outgoing privileged mail shall be handled without interference,
inspection, reading, or opening.
(c)
Privileged mail or correspondence shall leave the possession of the resident
sealed and shall be delivered sealed.
(d)
Incoming privileged mail shall be opened and inspected for contraband
only in the presence of the resident.
(e)
When the author of either inbound or outbound mail is in doubt, such items
shall be brought to the attention of the department’s investigations bureau
prior to delivery.
(f)
Mail addressed to an individual indicated as privileged shall not be
opened for inspection except in the resident’s presence.
(g)
Residents may seal correspondences addressed to individuals who are
classified as privileged before depositing the mail in an approved collection
box.
(h)
The following shall be the complete list of agencies or individuals
classified as privileged:
(1) President of the United States, Washington DC;
(2) Vice President of the United States,
Washington DC;
(3) Members of Congress addressed to appropriate office;
(4) The Attorney General of the United States and
regional offices of the Attorney General;
(5) Federal or state courts;
(6) The governor and council of the State of New
Hampshire, State House, Concord, NH 03301;
(7) The Attorney General of the State of New
Hampshire, 33 Capitol St, Concord, NH 03301;
(8) Commissioner of the NHDOC;
(9) Wardens or directors of the NHDOC;
(10) Members of the state parole board;
(11) Members of the New Hampshire general court, at
the state house or legislative office building;
(12) County Attorneys;
(13) Doctors and medical staff of the NHDOC;
(14) Doctors and medical staff not on the staff of
the NHDOC; and
(15) Law Enforcement Agencies.
(i) The following correspondence
shall not require postage:
(1) Federal or State courts;
(2) The governor and council of
the State of New Hampshire;
(3) The attorney general of the
State of New Hampshire;
(4) Members of the New
Hampshire general court;
(5) Members of the New
Hampshire parole board; and
(6) Staff members of the NHDOC.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.12 Legal Mail.
(a) Correspondence between a resident and his or
her attorney(s) shall be opened in the presence of the resident to ensure the
authenticity of the correspondence and to check for contraband.
(b) The phrase “Legal Mail” shall be written on
the address side of the envelope in order to assure
confidential handling in either in-bound or out-bound legal mail.
(c) Incoming legal mail found in violation of
this rule shall be forwarded to the investigations bureau for appropriate action
with the person(s) or firm(s) involved.
(d) Legal mail shall not be bound. No legal correspondence
shall be accepted with any type of binding attached to the pages of the
documents. The NHDOC shall not consider
a single staple to be “bound.” Staff
shall remove the staple and forward the mail to the resident.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.13 Non-Privileged Incoming Mail.
(a) All incoming mail shall have the resident’s
full name and ID number as part of the mailing address. Mail received without the ID number shall be
returned to sender as having insufficient address.
(b) Items which residents are not authorized to
have in their possession, or items that exceed the authorized allowances, shall
be returned to the sender or otherwise disposed of as
requested by the resident involved.
(c) The NHDOC or any of its employees shall not
be responsible for any incoming package to residents unless the package has
been mailed “Certified Mail Return Receipt Requested” and staff has signed
acknowledgement of receipt for the package.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
Cor 314.14
Appeals.
(a) If a resident or correspondent believes that
the NHDOC improperly rejected mail, packages, books or
periodicals he or she may appeal to the warden or director in writing within 10
days of the date they were sent notice of the decision.
Source. (See Revision Notes #1, #2, and #4 at chapter
heading for Cor 300) #13154, eff 1-5-21
CHAPTER Cor
400 CLASSIFICATION
Revision Note #1:
Document #12503, effective 3-23-18,
readopted with amendments Chapter Cor 400 on classification. Document #12503 made extensive changes to the
wording, format, structure, and numbering of rules in Chapter Cor 400.
Document #12503 replaced all prior
filings for rules in Chapter Cor 400.
The prior filings affecting rules in Chapter Cor 400 included the
following documents:
#7449,
eff 2-6-01
#9384, INTERIM, eff 2-3-09
#9509, eff
7-8-09, EXPIRED 7-8-17
#12397, INTERIM, eff 9-29-17
Revision Note #2:
Document #12777, effective 5-11-19,
readopted with amendments Chapter Cor 400 on classification. Document #12777 made further extensive changes
to the wording, format, structure, and numbering of rules in Chapter Cor 400 as
last filed under Document #12503.
Document #12777 replaced Document
#12503 for all rules in Chapter Cor 400.
REVISION NOTE #3:
Document
#12887, effective 9-28-19, readopted with amendments and renumbered Part Cor
307 titled “Work Release” as Part Cor 411 titled “Work Release.”
Document #12887
replaces all prior filings for rules in Cor 307. The prior filings affecting these and other
rules in Chapter Cor 300 are listed in Revision Note #1 and Revision Note #2 at
the chapter heading for Chapter Cor 300.
CHAPTER Cor
400 CLASSIFICATION
PART Cor 401 PURPOSE AND SCOPE
Cor 401.01 Purpose. The purpose of this chapter is to provide
rules that establish the general framework for an objective corrections classification
system. The day-to-day internal practices and procedures of the classification
system are contained in the classification handbook.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor 401.02 Scope.
These classification rules shall apply to all department of corrections
staff and all residents, probationers and parolees.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
PART Cor 402 DEFINITIONS
Cor 402.01 Definitions.
(a)
“Administrative Home Confinement (AHC)” means an electronic monitoring
program for eligible residents which is designed to provide a moderate to high
level of supervision to those individuals granted access to the program and
ensure program compliance is adhered to.
(b)
“Behavioral health illness” means a substantial impairment of emotional
process, or of the ability to exercise conscious control of ones’ actions, or
the ability to perceive reality or to reason, which impairment is manifested by
instances of extremely abnormal behavior or extremely faulty perceptions. The term does not include impairment primarily
caused by epilepsy, intellectual disability, continuous or sporadic periods of
intoxication caused by substances such as alcohol or drugs, or dependence upon
or addiction to any substances such as alcohol or drugs.
(c)
“Correctional offender information system (CORIS)” means the software
application utilized to manage information pertaining to residents which shall
include but not be limited to, criminal history, housing assignments, job status,
resident pay, disciplinary history, visitor information, and other
administrative information.
(d)
“Dangerous instrument” means an instrument or device that under the
circumstances which it was used, is readily capable of causing death or serious
bodily injury.
(e)
“General Population” means residents who reside in non-restrictive
housing units.
(f) “Harm to himself or herself or others” means a
resident has within the preceding 40 days, inflicted
or attempted to inflict bodily harm on himself, herself, or another or
threatened to inflict serious bodily harm to himself, herself, or another, or
attempted suicide or serious self-injury and there is a strong possibility that
these attempted acts will occur again if the resident is not hospitalized. This term can also mean resident behavior demonstrates
that he or she lacks the capacity to care for his or her own welfare, that
death, serious bodily injury, or serious debilitation would ensue if hospitalization
does not occur.
(g)
A “major rule violation” means the highest level of institutional resident
rule violation and is considered as serious or, severe, and shall be subject to
disciplinary action. The term includes
“A” level rule violations.
(h)
A “minor rule violation” means a moderate to minimal level of
institutional resident rule violation and would constitute as a minor or
inconsequential rule violation, and is subject to
disciplinary action. The term includes
“B” and “C” level rule violations.
(i) “MITTIMUS” means a court order directing a sheriff
or other police officer to escort a convict to a prison, or
commands a jailer to safely keep a felon until he or she can be transferred to
a prison. The term includes the
transcript of the conviction and sentencing stages, which is duly certified by
a clerk of court.
(j)
“No Job Available (NJA)” means no current vacancies exist where a resident
may be placed to work.
(k)
“Pending Administrative Review (PAR)” means “Pending Administrative Review”
as defined in Cor 101.18.
(l)
“Reduced Pay Status (RPS)” means a reduction in resident pay for reasons
which include, but are not limited to, a change in job, change in job status,
or suspension from a job assignment.
(m)
“Resident” means a person who has been committed to the custody of the
commissioner pursuant to a court order, or is
transferred to the custody of the commissioner from a confinement facility
outside the state prison system where the person was confined pursuant to a
court order. The term includes “inmates”,
“patients”, “probationers”, and “parolees”.
(n)
“Secure Psychiatric Unit (SPU)” means “Secure psychiatric unit” as
defined in Cor 101.29.
(o)
“Transitional Housing Unit (THU)” means a housing unit or facility where
residents are assigned for minimum security or work release while preparing for
release from institutional settings back into the community.
(p)
“Transitional Work Center (TWC)” means a housing unit or facility where
residents are assigned for minimum security while preparing for release from institutional
settings back into the community.
(q)
“Weapon” means a firearm in the individual’s possession, knife or bladed
instrument, dangerous instrument, explosives, incendiaries, or other items which
may be utilized to inflict bodily harm or death to the individual or another.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
PART Cor 403 CORRECTIONAL CLASSIFICATION SYSTEM
Cor 403.01 Classification System of the New Hampshire
Department of Corrections (NHDOC).
(a)
The objective corrections classification system utilized by the department
shall be based upon a nationally recognized model.
(b)
The model shall systematically identify the following 8 security program,
and treatment needs of residents and match them with the department's facilities
and program resources:
(1) Public risk (P);
(2) Institutional risk (I);
(3) Medical and health care needs (M);
(4) Behavioral health needs (BH);
(5) Treatment needs (T);
(6) Educational needs (E);
(7) Vocational needs (V); and
(8) Work skills (W).
(c)
The objectives of the model used shall be to provide an objective
classification system that:
(1) Considers the safety of the public as well as
the institutional safety of the staff and the facility population;
(2) Places residents in the least restrictive custody
commensurate with their security needs and custody requirements with regard to
public safety and institutional risk in a consistent and fair manner;
(3) Militates against
extended maximum custody status unless exceptional reasons or circumstances
exist, such as but not limited to escape attempts, numerous and recent major
disciplinary violations, repeated returns to maximum custody, or an ongoing public
threat;
(4) Matches the needs of residents with agency
resources to include utilizing staff in the most efficient and effective manner;
(5) Is easily administered, provides for ease in training
staff, and is easily explainable to, residents as well as to the public;
(6) Maximizes the use of the institutional classification
process through specialized testing and interviews by prison program and support
staff, and which develops a system that will not only assign housing to
residents but also assure that residents receive the maximum benefit of training
and programming available to them in accordance with their rehabilitative needs;
(7) Is capable of validation; and
(8) Can be easily incorporated
into a computerized management information system that could be further used
for planning for the needs of the department and the residents.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 403.02
Classification Staff.
(a) There shall be classification staff at every
facility.
(b) The classification staff shall:
(1) Conduct quarantine interviews and provisionally
assign residents to a housing unit for the remainder of the diagnostic period;
(2) Make recommendations to the administrator of
classification and client records based on the initial classification evaluation;
(3) Sign and submit the re-entry plan to the
administrator of classification and client records for approval;
(4) Function as a fact-finder
in reviewing the reclassification recommendations of unit boards, and thereafter
make reclassification recommendations to the administrator of classification
and client records;
(5) Monitor the activities of unit classification
boards to assure that standards and eligibility criteria are being followed;
(6) Make recommendations for special conditions
such as requirements for conditional parole commitment and alternative release programs;
(7) Train departmental personnel in the classification
process;
(8) Inform the victim services coordinator about recommended resident transfers
or reduced custody levels to facilitate timely notification of crime victims
pursuant to RSA 21-M:8-k Rights of Crime Victims;
(9) Request permission from
the sentencing judge when a resident is being considered for work release or
home confinement prior to their minimum parole date;
(10) Review and approve or
deny job changes pursuant to pursuant to Cor 409.03 (k);
(11) Enters the PREA assessment results into CORIS;
(12) Approve or deny
keep-aways and enter into CORIS, provided that for purposes of this
subparagraph “keep-away” means any resident(s) that poses a threat to or is
threatened by any other resident being classified;
(13) Review and make recommendations for AHC applications;
(14) Review and make recommendations for administrative
review evaluations pursuant to Cor 410.04;
(15) Maintain the PAR list;
(16) Assist in resolving open charges;
(17) Facilitate county and out-of-state placements
pursuant to RSA 623:2 and RSA 622-B:2;
(18) Audit units for:
a.
PAR compliance;
b.
Job assignments; and
c. Classification reviews;
(19) Review sentencing
documents for sexually violent predator offenses, prompting notification pursuant
to RSA 135-E:3 when appropriate; and
(20) Assign resident housing.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19; ss by
#12884, eff 9-28-19
PART Cor 404 INTAKE HOUSING ASSIGNMENT
Cor 404.01 Housing Assigned to Residents During The Intake Process.
(a) Intake housing assignments shall be in a facilities
reception and diagnostic unit unless the resident:
(1) Has a documented history of assaulting staff
or other residents;
(2) Has escaped from a secure facility;
(3) Is sentenced to life without parole;
(4) Is sentenced to death;
(5) Has documented protective custody issues; or
(6) Requires constant medical or psychiatric
care.
(b)
Residents who meet any of the above criteria shall be housed during the
intake process in either the:
(1) Special housing unit;
(2) Secure psychiatric unit; or
(3) A health services center.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
PART Cor 405 INTAKE AND ORIENTATION
Cor 405.01 Intake Procedures.
(a)
Upon admission to a facility each resident shall be brought to the reception
and diagnostic area by the transporting authorities.
(b)
Initial processing shall consist of the following:
(1) A thorough body search shall be done to check
for contraband;
(2) Medical or acute psychiatric problems shall
be noted and reported by the intake officer to the medical department and
security as soon as possible for triage;
(3) All new residents brought in from an overnight
stay longer than 48 consecutive hours at another facility, and any resident
returning from C-1 status, shall receive a shower with a delousing solution;
(4) The resident shall be dressed in state issued
clothing and given bedding and toiletries;
(5) All property and money shall be collected and
placed in storage for safekeeping;
(6) A property receipt shall be issued to the resident;
(7) The receiving officer shall interview the new
resident and complete the necessary reception data entry;
(8) Fingerprints and photographs of the resident
shall be taken;
(9) The committal paperwork of the resident shall
be reviewed to ensure that the resident has been committed to the custody of
the department; and
(10) A copy of the correctional handbook including
the rules and expectations required as well as the initial guidelines of the classification
process shall be provided to each incoming resident.
(c)
The resident shall sign a receipt for the correctional handbook to
assure that he or she has been properly notified of his or her responsibilities
as a resident.
(d)
Every resident shall receive an identification card which he or she shall
carry on his or her person at all times unless otherwise
directed. Residents shall be subject to
disciplinary action if the ID card is lost or destroyed, and
shall be responsible for the replacement cost.
(e) Upon completion of the intake process the
resident shall be housed in the appropriate housing unit in a quarantine
status, as determined by the classification staff. The initial quarantine period shall last for
30 days unless a shorter or longer period is necessary during which time the
resident shall be oriented and initial assessments shall be conducted.
(f)
Residents who demonstrate behavior(s) that reception staff suspect to be
behavioral health related shall be evaluated by the administrator of behavioral
health or designee to assess special housing needs.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 405.02 Orientation for Residents of Departmental
Facilities.
(a)
Reception staff members shall on the first day of incarceration
interview and orient the resident as well as answer questions or
direct the questions to the appropriate staff member(s). As a result of these interviews, management
shall be alerted to any special need, which requires attention prior to the
initial classification evaluation.
(b)
Staff members shall provide the quarantined residents with an oral presentation,
which shall include:
(1) The facility warden’s name;
(2) The facility chief of security’s name;
(3) The unit supervisor’s name;
(4) At what time the resident
can participate in recreational activities;
(5) How and when to shower;
(6) The process for cleaning laundry
and bedding;
(7) Meal times;
(8) Visitation process and hours;
(9) Diagnostic and assessment procedures;
(10) A summary of the prison classification
process to enable the resident to prepare for their initial classification evaluation
as well as to start planning for his or her future progress through the system;
and
(12) Eligibility requirements for administrative
home confinement.
(c) Methods other than oral
shall be provided for residents that do not read or speak the English language
or that are hearing impaired.
(d) A member of the investigations bureau, or
designee, shall interview each quarantined resident for the purpose of gathering
information and assessing any special needs or concerns that the resident might
have.
(e)
The orientation period for residents shall be no more than 30 days,
unless there are unforeseen circumstances including,
but not limited to, a resident’s medical emergency, a facility emergency, or a
staffing shortage that prevents the orientation from being completed within the
30-day timeframe. The administrator of classification and client records shall
be notified in writing by the reception unit supervisor
and
shall review the case of any new resident who is not transferred out of
orientation housing within 30 days of arrival to verify the unforeseen circumstance,
after which the resident shall be informed in writing of the reason. To comply with HIPAA regulations, medical issues
which cause a resident to remain in orientation housing beyond 30 days shall be
communicated directly to the resident by a health care provider.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19; ss by #12885, eff
9-28-19
PART Cor 406 ASSESSMENTS
Cor 406.01 Resident Assessment Process.
(a)
During the first 30 days of incarceration, the resident shall be seen
by:
(1) The medical staff to determine his or her
medical needs;
(2) Behavioral health staff to determine his or her
behavioral health needs;
(3) Program staff to determine his or her program
needs;
(4) Education staff to determine his or her educational
needs;
(5) Career and technical education staff to
determine his or her career and technical education needs; and
(6) A classification staff member to review
assessment results and develop the re-entry plan.
(b)
There shall be 5 custody levels as follows:
(1) C-1 or “community corrections” where
residents work, recreate, and receive treatment in the community;
(2) C-2 or “minimum custody” where residents may
work in the community, but recreate, and receive treatment at a departmental facility;
(3) C-3 or “medium custody” where a resident
lives, works, recreates, and participates in treatment with the general population
of a departmental facility;
(4) C-4 or “close custody” where a resident
lives, works, recreates, and participates in treatment under some restriction
in a departmental facility; and
(5) C-5 or “maximum custody” where a resident
lives, works, recreates, and participates in treatment within a secure unit of
a departmental facility.
(c)
Custody level shall be determined by the intersection of public risk and
institutional risk scores as designated in Table 406-1, Custody Level Matrix below:
Table 406-1 Custody Level Matrix
Institutional
Risk Assessment |
Public Risk
Assessment |
|||||
|
P-1 |
P-2 |
P-3 |
P-4 |
P-5 |
|
I-1 |
C-1 |
C-2 |
C-2 |
C-3 |
C-5 |
|
I-2 |
C-1 |
C-2 |
C-3 |
C-3 |
C-5 |
|
I-3 |
C-2 |
C-2 |
C-3 |
C-3 |
C-5 |
|
I-4 |
C-3 |
C-3 |
C-4 |
C-4 |
C-5 |
|
I-5 |
C-4 |
C-4 |
C-4 |
C-5 |
C-5 |
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor 406.02 Public Risk Assessment.
(a) If a resident receives a combination of
ratings ranging from “1” to “5”, the “highest” rating in this example will
dictate the public risk rating, which would be P-5.
(b)
Public risk, which relates to a resident’s escape potential, and if he or she does escape what danger he or she
would present to the public, shall be determined by the highest rating assigned
to any of the following 9 factors:
(1) Extent of
violence in current offense;
(2) Weapon used in
current offense;
(3) Escape history;
(4) Violence history;
(5) Nature of sexual offense;
(6) Confinement history;
(7) Sentence length;
(8) Detainer status or known pending charges; and
(9) Substance abuse history.
(c)
The factors for (b)(1) above shall be assessed
independently for “extent of violence in current offense” on a scale of 1 to 5
in the following manner:
(1) A rating of 5 for death, premeditated or unprovoked;
(2) A rating of 4
for death resulting from a crime of passion, or armed robbery, kidnapping, arson
of an occupied structure, and 1st degree assault;
(3) A rating of 3 for serious injury or death
resulting from the sale of a drug, 2nd degree assault, or armed or unarmed robbery;
(4) A rating of 2 for threat or minor injury; and
(5) A rating of 1 for no violence involved.
(6) Attempted offenses shall be treated the same
as if the offense were committed;
(7) Parole violation shall be scored on the original
crime that they were sentenced; and
(8) The P-score for parole violators shall be
reduced by one score where the nature of the violation, which returned them to
prison, contained no violence.
(d)
The factors for (b)(2) above shall be assessed
independently for “weapon in current offense” with scores awarded in the following
manner:
(1) A rating of 3 for weapon involved; or
(2) A rating of 1 for no weapon involved.
(e)
The factors for (b)(3) above shall be assessed
independently on a scale of 1 to 5 in the following manner:
(1) A rating of 5 for escape or attempted escape
from a secure perimeter facility less than two years ago or multiple escapes or
escape attempts in the past 5 years;
(2) A rating of 4 for escape or attempted escape from
a secure perimeter facility over 2 years ago;
(3) A rating of 3 for escape or attempted escape
from a non-secure perimeter facility less than 3 years ago or default, bail
jumping, being a fugitive from justice, or escape during the arrest process less
than 3 years ago;
(4) A rating of 2 for escape or attempted escape
from a non-secure facility over 3 years ago, or default, bail jumping, being a
fugitive from justice, or escaping during the arrest process more than 3 years
ago; or
(5) A rating of 1 for no escape history.
(f)
The factors for (b)(4) above shall be assessed
independently on a scale of 1 to 4 in the following manner:
(1) A rating of 4 for 2 or more serious offenses;
(2) A rating of 3 for one serious offense or 2 or
more minor offenses;
(3) A rating of 2 for one minor offense; or
(4) A rating of 1 for no violent offenses.
(g)
The factors for (b)(5) above shall be assessed
independently on a scale of 1 to 5 in the following manner:
(1) A rating
of 5 for sexual offense resulting in death, or of a particularly heinous or
violent nature;
(2) A rating of 4 for rape or a sexual offense resulting
in injury;
(3) A rating of 3 for molestation of a lesser
nature than rape, or sexual offense other than rape resulting in minor injury;
(4) A rating of 2 for sexual offense not described
in the above ratings such as child pornography where no physical or mental
force was used or in crimes not specific to the NH criminal code of a sexual offense but the indictment describes a crime sexual in nature;
or
(5) A rating of 1
for no sexual offense.
(h)
The factors for (b)(6) above shall be assessed
independently on a scale of 1 to 3 in the following manner:
(1) A rating of 3 for 2 or more
confinements in a correctional institution;
(2) A rating of 2 for one confinement
in a correctional institution; or
(3) A rating of 1 for no previous
confinement.
(i) The factors for (b)(7) above shall be assessed independently on a scale of 1 to 5 in the following manner:
(1) A rating of 5 for death penalty or life without parole;
(2) A rating of 4 for 16 years
or more including life;
(3) A rating of 3 for 5 to 15 years;
(4) A rating of 2 for 1 to 4
years; or
(5) A rating of 1 if not applicable.
(j)
The factors for (b)(8) above shall be assessed
independently on a scale of 1 to 4 in the following manner:
(1) A rating of 4 for detainer
or known pending charge or charges for a capital offense;
(2) A rating of 3 for detainer
or known pending charge or charges for a felony offense;
(3) A rating of 2 for detainer
or known immigration detainer for deportation, or pending charge or charges for
a misdemeanor, fine traffic offense, or other violations not listed; or
(4) A rating of 1 for no
detainers or pending charges.
(k)
The factors for (b)(9) above shall be assessed
independently on a scale of 1 to 3 in the following manner:
(1) A rating of 3 for serious
abuse directly related to the offense which jeopardized the safety of the public
or the safety of the resident or both;
(2) A rating of 2 for moderate
abuse not related to the offense which jeopardized the safety of the public or
the resident or both; or
(3) A rating of 1 for minimal or
no substance abuse which posed nominal danger to the public or the resident or
both.
(4) Only one rating shall be
entered for each of (c) through (k) above.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor 406.03 Institutional Risk Assessment.
(a) The institutional risk score, shall be determined by the
highest rating assigned to any of the 5 factors listed (b) below. For example, if a resident receives a combination
of ratings ranging from “1” to “4”, the highest rating in this example the “4”,
shall dictate the institutional risk score, which would be I-4.
(b) The institutional risk
categories shall be:
(1) Prior institutional
adjustment;
(2) Community stability;
(3) Cooperativeness;
(4) Probation
and parole adjustment; and
(5) Security
threat group affiliation or membership.
(c) The factors
for (b)(1) above shall be assessed independently on a scale of 1 to 5 in the following manner:
(1) A rating of 5 for poor with 1 or more major
rule violations related to violence, escape, contraband possession, or serious
offenses which disrupts institutional operations and jeopardizes public or
resident safety;
(2) A rating of 4 for unsatisfactory with 1 or more
major rule violations not related to violence, escape, contraband possession
and did not cause a disruption in institutional operations, or a series of
multiple minor rule violations that interrupt the orderly operation of the institution
and jeopardize the safety of staff and residents;
(3) A rating of
3 for satisfactory with minimal minor rule violations without pattern or
disruption to the institution, or no prior adjustment record available but known
prior incarcerations;
(4) A rating of 2 for good with few minor rule violations rule
violations; or
(5) A rating of 1 for exemplary with no disciplinary record or prior
incarceration.
(d) The factors for (b)(2) above shall be assessed independently
on a scale of 1 to 4 in the following manner:
(1) A rating of 4 for poor with serious
adjustment problems while in the community;
(2) A rating of 3 for satisfactory when the resident’s
overall adjustment in the community is satisfactory;
(3) A rating of 2 for excellent when the resident is able to adjust extremely well to community life; or
(4) A rating of 1 for no prior community supervision
or incarceration.
(e) The factors for (b)(3) above shall be assessed independently
on a scale of 1 to 3 in the following manner:
(1) A rating of 3 for poor when the resident
either refuses or limits cooperation;
(2) A rating of 2 for satisfactory when the
resident provides basic information but does not go beyond in providing assistance; or
(3) A rating of 1 for excellent when the resident
not only provides basic information but also assists staff in identifying possible program and service needs.
(f) The factors for (b)(4) above shall be assessed independently
on a scale of 1 to 3 in the following manner:
(1) A rating of 3 for poor when the overall
probationer or parolee adjustment on probation or parole is deemed to be unsatisfactory
based on documented records generated through any negative contact with law
enforcement officials outside of routine contact with a PPO;
(2) A rating of 2 for satisfactory when the
probationer or parolee on probation or parole is perfunctory, with no noted violations
related to the conditions of release as described within the parole plan set
forth by the parole board or exemplary actions demonstrating forward progression
toward rehabilitation or assimilation to the community; or
(3) A rating of 1 for excellent when
the probationer or parolee adjustment to probation or parole is exceeding the
terms and conditions of his or her parole plan as documented by the PPO.
(g) The factors for (b)(5) above shall be assessed independently
on a scale of 1 to 4 in the following manner:
(1) A rating of
4 for a known leader or high ranking member of a
security threat group member;
(2) A rating of
3 for a known security threat group member;
(3) A rating of
2 for a known affiliation with security threat group or groups; or
(4) A rating of
1 for no connection to any security threat group.
(h) Only one rating is shall be entered for each
of (c) through (g) above.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 406.04 Medical
Assessment.
(a) Each resident shall be given a complete physical
examination during the quarantine period by a qualified health care
professional. The physical examination
shall include a complete medical history.
Particular attention shall be paid to current illnesses and health problems
that need appropriate attention. Laboratory
testing shall be done as needed and other tests as necessary. After a physical
examination is completed, each resident shall be coded based upon his or her
physical condition and needs.
(b) Medical coding shall range from “1” to “5”
based on the following:
(1) A rating of M-5 for a resident who is severely
limited in physical capacity or who is incapable of handling work assignments
so that, although he or she might be able to handle some training assignments or they might require specialized placement or
extensive medical monitoring;
(2) A rating of
M-4 for a resident who has very limited physical capacity and requires special
work or training assignments or has impairments that are generally not correctable;
(3) A rating of
M-3 for a resident who has limited physical capacity for work or training
assignments; and can work for moderate periods of time and may not do heavy lifting;
(4) A rating of
M-2 for a resident who is physically capable, but may have a chemical imbalance
that can be managed as long as the resident follows a
treatment regime, and can handle most any work or training assignment; or
(5) A rating of
M-1 a resident who is physically capable of performing any work or training with
no restrictions.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor
406.05 Behavioral Health Assessment.
(b) Behavioral health coding shall range from “1”
to “5” based on the following:
(1) A rating of
BH-5 for severe impairment due to psychiatric illness requiring management in a
secure psychiatric facility, where residents in this category would meet the
criteria used in the voluntary or involuntary transfer of residents from
correctional institutions or jails to a psychiatric facility for treatment
pursuant to RSA 623:1;
(2) A rating of BH-4 for severe impairment due to
psychiatric illness requiring special monitoring and treatment, but no transfer
to a secure psychiatric facility. Residents in this category shall include those
diagnosed by a physician or psychiatric provider as behaviorally ill and
requiring on-going treatment including prescribed medication or counseling and
whose unpredictable behavior indicates the need for special evaluation and
management regarding resident or program placement;
(3) A rating of
BH-3 for moderate to mild impairment due to psychiatric illness or psychological
problems. Residents in this category
shall include those in need of on-going mental health clinical, psychiatric, or
psychological services which might include prescribed medication, psychotherapy,
or counseling on a regular basis such as weekly, monthly
or bimonthly, or some other prescribed regimented schedule. Residents in this category shall include those
who would usually be assigned to regular individual and program placements.
This group shall also include those who might be seen as manifesting crisis of
a behavioral nature such as acting out or self-injury requiring special
individual maintenance from time to time;
(4) A rating of
BH-2 for mental health alert due to history of psychiatric illness currently in
remission and not requiring special individual or program assignment. This
group shall include those residents who might have a need for individual or
staff initiated clinical intervention for unspecified, non-critical emotional
or psychological problems; and
(5) A rating of
BH-1 for no mental health needs. This group includes residents appropriate for
regular individual and program placements. A resident with a history of
psychiatric illness whose condition remains in remission may, at the discretion
of mental health staff, if it is medically appropriate, be assigned this rating
code.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
406.06 Treatment Assessment.
(a)
The treatment assessment (T) category
shall be an unchangeable need and a minimal graduation scale which shall be
applied to show the resident’s progress in
accomplishing institutional goals in the treatment or programming need area(s).
(b)
The following numbers shall indicate progress levels for the resident’s rank of T-5:
(1) A rating of
4 for when the institutional requirements are not in progress or less than halfway
completed;
(2) A rating of
3 for when all institutional requirements are in progress and are halfway or
more completed;
(3) A rating of
2 for when all but institutional requirements are met but community-based
treatment or programming has not been identified or followed through on; or
(4) A rating of
1 for when all institutional requirements are met and
community-based treatment or programming has been identified such as receiving
a letter from a sponsor or agency stating that they will be providing community
treatment.
(c) T sub-codes
shall be:
(1) A rating of
“A” for drug or alcohol use disorder or addiction;
(2) A rating of
“S” for sexual offender treatment; and
(3) A rating of
“DV” for domestic violence.
(d) T residents shall require and shall have treatment
or programming within the institution, and shall be referred
for continued treatment or programming after release.
(e) T residents shall be assessed to determine
treatment or programming needs as referred by clinical, custody, or classification
staff.
(f) T residents shall be permitted to voluntarily
participate in treatment or programming.
(g) T
residents shall be permitted to voluntarily participate in treatment or programming
when resources are available.
(h) Results of these assessments shall be documented
in the resident’s client record.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 406.07 Educational, Vocational, and Work Skills
Assessment. All incoming residents shall be interviewed by education staff which shall include:
(a)
A review of existing educational records;
(b)
A collection of self-reported work history and experience data; and
(c)
Obtaining a release of information which is required for obtaining needed
educational records.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
PART 407
CLASSIFICATION PROCESS
Cor 407.01 Classification Evaluations.
(a) There shall be 3 formal classification evaluations
within each facility as follows:
(1) The initial
classification evaluation which shall be completed within 30 days of a resident
arriving at a facility pursuant to Cor 407.04;
(2) The administrative
classification evaluation which shall be completed within 30 days of a resident
being removed from general population and placed on special status in accordance
with Cor 410.04(f); and
(3) The unit classification
evaluation which shall be completed at the unit level to determine the progress
or needs of the resident in accordance with Cor 407.10.
(b) The initial classification staff member shall
make recommendations to the administrator of classification and client records,
relative to the initial classification and the re-entry plan of the resident.
The initial classification evaluation shall be facilitated by a bureau of classification
and client records staff member and the results documented in the electronic client
record.
(c) The administrative classification board shall
review the circumstances surrounding placement of the resident in special
status pursuant to Cor 410 and make recommendations to the administrator of
classification and client records for resolving the status.
(d) The administrative classification board shall
be comprised of:
(1) The sending
unit supervisor or designee who shall be the board chair; and
(2) At a minimum,
one other member.
(e) The unit classification board shall review
the progress of the resident and make reclassification recommendations to the
administrator of classification and client records.
(f) The unit classification board shall be comprised
of:
(1) The unit
supervisor or designee who shall be the board chair; and
(2) The case
manager of the resident.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
407.02 Notification of Classification Evaluation.
(a) Residents shall be given 48 hours’ notice of an
evaluation.
(b) The 48 hours’ notice may be waived by the
resident.
(c) Residents shall attend an evaluation a
minimum of once per year.
(d) Refusal to attend the yearly evaluation shall
not result in disciplinary action against the resident.
(e) If the resident refuses to attend, the evaluation
shall be completed, and a note shall be made, in the electronic client documenting
the refusal.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 407.03 Notification of Classification Evaluation Form.
(a) The notice of classification evaluation shall
be paper or electronic.
(b) Staff shall supply the following on the notice:
(1) Name of person
scheduling the evaluation;
(2) Date of the
scheduling notice;
(3) Name of the
resident;
(4) Booking number;
(5) Date of the
evaluation; and
(6) Reason for
the evaluation, either:
a. To review work performance, disciplinary
record, and programming progress of the resident; or
b. To review the circumstances of the resident
being placed in administrative review status.
(c) The resident shall supply on the “Notice of
Classification Evaluation” form:
(1) The resident’s
desire to be present and to participate in the evaluation;
(2) The resident’s
desire not to be present at the evaluation;
(3) The
resident’s desire to exercise their right to a 48-hour notice of the evaluation;
or
(4) The
resident’s desire to waive their 48-hour notice of the evaluation.
(d) The resident shall sign the “Notification of
Classification Evaluation” form and note:
(1) The date
the notice was received, and;
(2) The time
the notice was received.
(e) If the resident refuses to sign the completed
form, there shall be no consequence to him or her. The form shall simply be processed through
appropriate channels, with a notation that the resident has refused to sign it.
(f) Opening of
the electronic notice shall serve as proof that the notice was received.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor 407.04 Initial Classification Evaluation.
(a) The initial classification evaluation shall be
facilitated by a classification staff member.
(b) The participation of the resident shall be
mandatory.
(c) At the initial classification evaluation, the classification
staff member shall:
(1) Review and
discuss the assessments and re-entry plan of the resident; and
(2) For a resident with victim notification
requirements, inform the victim services coordinator when the board recommends
assignment to a prison at a location other than the facility in which the resident
was received.
(d) The resident shall sign the re-entry plan.
(e) If the resident refuses to sign the completed
plan, there shall be no consequence to him or her. The plan shall simply be
processed through appropriate channels, with a notation that the resident has
refused to sign it.
(f) After the initial housing assignment is made
under Cor 404.01, the classification staff member shall:
(1) Recommend
assignment to various programs within the available resources based upon the
re-entry plan of the resident; and
(2) Make a
recommendation for a job assignment based upon the needs of the institution and
the needs and skills of the resident.
(g) Job assignment shall be mandatory unless the
facility’s medical department certifies that the resident is medically precluded
from working pursuant to Cor 406.04.
(h) Residents shall complete all necessary
programs before being considered for movement forward in custody levels
including reduced custody programs.
(i) The resident shall
upon successful completion of any program inform his or her case manager so that
appropriate documentation can be made on the re-entry plan.
(j) Modifications to re-entry plans shall be made
as follows:
(1) Additions
to, deletions from, or changes in an approved plan, after plan implementation,
to modify certain component and program areas to better meet the needs of the
resident shall be based on factual, objective documentation, such as notification
to client records of active detainers, warrants, or known pending charges,
receipt of negative background information, minor or major disciplinary reports,
written documentation of behavioral health or changes in behavioral health
status, or drug, alcohol, or sexual offender needs; and
(2) These changes shall only be made by the classification
staff after consultation with appropriate staff. Program needs that were not originally
diagnosed during the orientation period of the resident shall be sufficient justification
to make modifications to a plan.
(k) The classification staff member or designee
of each facility shall inform the victim services coordinator, upon completing
classification evaluations for residents who have victim or witness notification
requests, when residents are being considered for the following custody
changes:
(1) From medium
custody C-3 to minimum custody C-2;
(2) From minimum
custody C-2 status to work release or administrative home confinement C-1 status;
(3) From C-1 or
C-2 to any higher custody status;
(4) Transfer to
another in-state facility;
(5) Transfer to
or from a county house of correction; and
(6) Transfer to
or from an out-of-state prison.
(l) When there is an escape from custody from any
department facility, the shift commander’s office shall determine if there is
an obligation to notify a victim or agency and notify the victim services coordinator
accordingly.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 407.05 Housing
Assignment.
(a) Housing assignments shall be determined by the
overall classification score of the resident.
(b) The public risk rating shall be determined
pursuant to Cor 406.02.
(c) The institutional risk rating shall be determined
pursuant to Cor 406.03.
(d) Residents shall not be assigned a classification
score lower than C-3 if:
(1) He or she is
sentenced to life without parole; or
(2) He or she
has a public risk score of 5 which signifies he or she is an extreme public risk.
(e) Death sentence residents shall:
(1) Not be
assigned a custody level lower than C-5 at initial classification;
(2) Not be
eligible for re-classification to a custody level lower than C-5 and thus not
be subject to re-classification hearings; and
(3) Be afforded
all the same access to programs, recreation, and other services as afforded to
other C-5 residents.
(f) If a resident has an initial classification
score of C-2 or lower, the classification staff shall, after the re-entry plan
is complete, recommend to the administrator of classification and client records,
direct placement to a housing unit designated for C-2 residents.
(g) In order to provide the consistency that is
desired from this objective classification system, the classification staff
shall use all the available information to make the appropriate initial housing
designation to avoid frequent changes. In cases where the records of the residents
are missing information upon which to classify him or her to their least restrictive
custody status pursuant to Cor 403.01(c)(2), as well as maintain the appropriate
security level, the residents shall be assigned to the unit that provides the
most suitable security according to the information available. Upon receipt of additional information that
indicates a review in custody status is necessary, a rehearing shall be scheduled
within 30 business days of receipt of the additional information.
(h) The department approved Prison Rape
Elimination Act (PREA) assessment shall be completed within 72 hours of the
arrival of a resident at a departmental facility to determine the cell, pod,
and tier assignment for each resident assigned to its unit. A PREA assessment
as described within 28CFR§115.41 shall be utilized to determine type and
compatibility for housing assignments within a designated living unit. Thereafter, PREA assessments of the resident
shall be updated at a minimum of once a year.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor
407.06 Documentation and Processing
of Individual Re-entry Plans.
(a) Upon completion of assessments, data shall be
assessed and compiled by the classification staff member for the purpose of developing
the resident re-entry plan. Program and
treatment needs shall be determined and defined by behavioral health, medical,
educational, vocational, and relevant program staff.
(b) The classification staff member or designee
shall write the re-entry plan.
(c) The plan, based on assessed needs, shall
include applicable:
(1) Programs;
(2) Goals;
(3) Objectives;
and
(4) Electives.
(d) The completed plan shall be signed by the
resident and the classification staff member.
(e) The completed plan shall then be forwarded to
the administrator of classification and client records for review.
(f) If the administrator of classification and
client records considers the plan not to be relevant to the program needs of
the resident in accordance with the assigned classification needs scores, it
shall be returned to the author of the plan for further review or clarification.
(g) Pre-trial detainees, immigration detainees,
and federal detainees shall not have re-entry plans developed due to their
un-sentenced status but shall be assigned an initial classification score at the
time of their initial classification evaluation which shall govern their
custody level, housing assignment, and work assignment throughout their stay
unless their sentencing status changes.
(h) Residents who transferred from other jurisdictions
to serve their sentence shall have a re-entry plan developed following the same
procedures as sentenced New Hampshire residents but
all decisions involved in this plan that require approval by the sending
jurisdiction shall be subject to such approval before any change in status is made.
(i) The commissioner
shall remove any resident from any approved plan, at any level of custody, at
any time if in his or her opinion the placement might jeopardize the safety,
security, or the orderly operation of the institution staff, other residents,
or the public.
(j) The re-entry plan for the resident shall be a
recommended course of action and shall not be binding on the department to grant
movement forward in custody levels, recommend parole, or special alternative programs.
(k) The classification staff member shall date
and sign the “Initial Classification Evaluation and Re-entry Planning” form.
(l) The resident shall date and sign the “Initial
Classification Evaluation and Re-entry Planning” form.
(m) If the resident refuses to sign the completed
form, there shall be no consequence to him or her. The form shall simply be processed
through appropriate channels, with a notation that the resident has refused to
sign it.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor
407.07 Initial Classification Evaluation
and Re-entry Planning Form.
(a) The classification staff shall complete and
submit the “Initial Classification and Re-entry Planning Form” (Rev 08/2018).
(b) Notice that the commissioner has the authority
to remove any resident from any approved plan, at any level of custody, at any
time if in his or her opinion the placement might jeopardize the safety, security,
or the orderly operation of the institution.
(c) Notice that the re-entry plan for the resident
is a recommended course of action and shall not be binding on the department to
grant movement forward in custody levels, recommend parole or special alternative
programs.
(d) The “Initial Classification Evaluation and
Re-entry Planning Form” shall be processed pursuant to Cor 407.06(k)(l)(m)
above.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 407.08 Notification
to Residents of Classification Results and Re-entry Plan. The classification staff member shall notify
the resident of the initial classification results and re-entry plan on the
“Initial Classification Evaluation and Re-entry Planning” form within 30 days
of the evaluation.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 407.09
Appeal of Classification Evaluation Decisions.
(a) A resident may appeal the classification
evaluation results to the administrator of classification and client records by
completing and submitting a “Request Slip” form pursuant to Cor 312 within 15 days
of receipt of the results.
(b) If the appeal is denied, the resident may bring
a further appeal to the commissioner by completing and submitting a “Request
Slip” form pursuant to Cor 312.
(c)
The resident shall not appeal to the
commissioner until receiving a response from the administrator of classification
and client records.
(d) The commissioner's decision shall be final.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
407.10 Unit Classification Evaluations.
(a) Residents housed out-of-state or in other
facilities shall be subject to the classification procedures of that
institution. That institution shall submit
the proposed classification for approval by the New Hampshire department of corrections.
The department shall approve the recommended
classification if the resident would qualify for the classification pursuant to
Cor 400. The department shall deny the
proposed classification if requirements set forth within Cor 400 are not met. Classification
evaluations for state residents housed at county facilities shall be done
telephonically or electronically.
(b) Each resident residing in a departmental facility
shall attend a unit classification evaluation at least on an annual basis.
(c) For other than annual unit classification evaluations,
residents residing in a departmental facility shall be requested to attend unit
classification evaluations. After notification, if the resident chooses not to
participate, the resident shall notify the unit supervisor in writing.
(d) A recommendation for an unscheduled reclassification
evaluation shall be made for a resident by the unit supervisor of the housing unit
of the resident or by the classification staff in cases where new information is
obtained or in cases where the behavior of the resident, either positive or negative,
warrants earlier consideration.
(e) The schedule for standard reviews for reclassification
shall be as follows:
(1) C-5 residents
assigned to the special housing unit shall be
reviewed every 3 months by the unit team, except for death sentence residents
per Cor 407.05(e), and:
a. The warden shall review every case in which a
resident has resided in the special housing unit in excess of 3 consecutive months;
b. The commissioner shall review every case in
which a resident has resided in the special housing unit in excess
of 6 consecutive months;
c. A new case management plan shall be required
as follows each time a C-5 resident is evaluated after the first 6 months and:
1. The case management plan shall specifically
state what the resident must do to be reclassified to a lower custody and
a timeframe for such re-evaluation; and
2. A copy of the plan shall be given to the resident; and
d. The warden shall be notified each time a resident is moved
into or out of the special housing unit;
(2) C-4
residents shall be reviewed every 6 months, or earlier, if considered
appropriate, pursuant to (f), below, by the unit team or the classification
staff, and:
a. C-4 residents accepted into a therapeutic
community shall receive a classification override of one step to C-3 custody in
order to fully participate in the curriculum; and
b. Therapeutic community staff shall evaluate
the custody level of all residents and facilitate a classification evaluation
to determine the current needs of all residents leaving the therapeutic community;
(3) C-3 residents shall be reviewed every 6 months,
or earlier, if considered appropriate, pursuant to (f) below, by the unit supervisor
or the classification staff, for those residents with less than 3 years to their
minimum parole date, except for those with a consecutive sentence to serve;
(4) C-3 residents
shall be reviewed every year, or earlier, if
considered appropriate, pursuant to (f) below, by the unit supervisor or the
classification staff, for those residents with more than 3 years to their minimum parole date or who have a
consecutive sentence to serve;
(5) C-2 residents
shall be reviewed every 6 months, or earlier, if considered appropriate,
pursuant to (f), below, by the unit supervisor or the classification staff, for
those residents with less than 3 years to their minimum parole date, except for
those with a consecutive sentence to serve; and
(6) C-1 residents
shall not be reviewed unless:
a. They are charged with a major disciplinary infraction;
b. They are charged with multiple minor
disciplinary infractions; or
c. They are having difficulty adjusting to living
and working in the community.
(f) Reviews for reclassification shall be held
earlier than the schedule in (e), above, based upon, but not limited to, the
following:
(1) Changes in
the disciplinary record of the resident;
(2) Court orders;
(3) Changes in
the sentence of the resident;
(4) New sentences;
(5) Changes in
the physical health of the resident; and
(6) Changes in
the behavioral health of the resident.
(g) The
case manager of the resident shall automatically schedule the resident for
reviews in accordance with the time frames above and notify the resident that a
unit classification evaluation has been scheduled. Residents who believe they have legitimate
reasons for an earlier review may request review consideration to the unit supervisor
via a “Request Slip” form pursuant to Cor 312.
(h) It shall be the case manager’s responsibility
one week prior to the unit evaluation to have the re-entry plan of the resident
updated and available for review at the unit classification evaluation. No reclassification reconsideration shall be
made without written documentation for review at the unit classification evaluation. It shall be the responsibility of the resident
to inform the case manager of completion of any program so appropriate notations
can be made on the plan.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 407.11 Notification of Unit Classification
Evaluation. The resident shall
receive notification pursuant to Cor 407.02.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor 407.12 Documentation and processing of Individual
Re-entry Plans. The unit classification
evaluation shall be documented pursuant to Cor 407.06.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor
407.13 Unit Classification Evaluation
and Re-entry Planning Form.
(a) The unit evaluation board chair shall supply
the following information on the “Unit Classification Evaluation and Re-entry
Planning Form”:
(1) Name of the
resident;
(2) Booking number;
(3) Housing unit;
(4) AHC eligibility;
(5) The resident’s
desire to pursue AHC;
(6) The
resident’s non-desire to pursue AHC;
(7) Whether the
decision to pursue AHC is not applicable;
(8) Any pending
legal issues or amendments including but not limited to:
a. Detainers; and
b. Consecutive sentences;
(9) Escape
history to include but not be limited to:
a. Dates;
b. Location; and
c. A summary of the event(s);
(10) Notation
of any specific public risks or concerns;
(11) Whether victim
notification is required;
(12) Whether
approval from the sentencing judge or jurisdiction is required;
(13) The resident’s
disciplinary history for the past year;
(14) The
resident’s needs, including but not limited to:
a. Sexual offender evaluation & treatment as
directed;
b. Substance use disorder evaluation and
treatment as directed;
c. Academic skills;
d. Vocational skills;
e. Self-help;
f. Transitional housing; or
g. Community based treatment;
(15) Whether
the needs in (14) above are:
a. Court recommended;
b. Court ordered;
c. Department recommended; or
d. Department required;
(16) Custody
level recommendation of either:
a. C-5;
b. C-4;
c. C-3;
d. C-2; or
e. C-1;
(17) Housing recommendation
of either:
a. NH state
prison for men;
b. Northern NH correctional facility;
c. NH
correctional facility for women;
d. Transitional work center;
e. Transitional housing unit;
f.
Out-of-state; or
g. County placement;
(18) Time frame
for next review, either:
a. Of 30 days;
b. Of 60 days;
c. Of 90 days;
d. Of 120 days;
e. Of 6 months;
f. Of 1 year;
or
g. Other;
(19) Document
that the 48-hour notice of evaluation was:
a. Received;
b. Not received;
or
c. Waived; and
(20) Documentation
whether the resident:
a. Was present at the evaluation;
b. Was not present at the evaluation; or
c. Waived his
or her right to be present at the evaluation.
(b) The resident shall sign the completed evaluation
from.
(c) If the resident refuses to sign the completed
evaluation form, there shall be no consequences to him or her. The form shall
simply be processed through the appropriate channels with a notation that the
resident has refused to sign it.
(d) The completed form shall be forwarded to the
classification staff office.
(e) Classification staff shall review the forwarded
form for completeness and correctness.
(f) Incomplete or incorrect forms shall be
returned to the evaluator board chair as determined in Cor 407.01(d)(1) for
correction.
(g) For completed and correct forms, the classification
staff shall either:
(1) Approve the
evaluation if the resident is found to be compliant with Cor 400; or
(2) Deny the
evaluation if the resident is found to be noncompliant with Cor 400.
(h) Classification staff shall document the
reason for denial in the comments section.
(i) The administrator
of classification and client records shall approve or deny any classification
evaluation where movement to or from the special housing unit, or the special
management unit is recommended by the evaluation board. The administrator shall
document the reason for the approval or denial in the comments section, and sign the completed evaluation form.
(j) The commissioner or designee shall approve or
deny any recommended change in custody of two steps or more in any direction
based on the totality of the situation and requirements set forth within Cor 400, and sign the completed evaluation form.
(k) The final decision reached shall be noted on the
completed evaluation form and shall include;
(1) Custody level;
(2) Housing assignment;
and
(3) Review
time.
(l) Notice that the commissioner has the authority
to remove any resident from any approved plan, at any level of custody, at any
time if in his or her opinion the placement might jeopardize the safety,
security, or the orderly operation of the institution shall be preprinted on
the form.
(m) Notice that the re-entry plan for the resident
is a recommended course of action and shall not be binding on the department to
grant movement forward in custody levels, recommend parole, or special alternative
programs shall be pre-printed on the form.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor
407.14 Notification to Residents of Classification
and Re-entry Plan Recommendations.
The classification staff shall notify the resident in writing of the
classification evaluation results on the “Unit Classification Evaluation and
Re-entry Planning” form via unit staff.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
407.15 Appeal of Classification and Re-entry
Planning Recommendations. The
classification evaluation recommendations may be appealed pursuant to Cor
407.09, above.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
407.16 Administrative Classification
Changes. The administrator of
classification and client records shall override the overall classification
score by one level in either direction if in his or her opinion the placement
might jeopardize the safety, security, or the orderly operation of the institution
or public safety. When the administrator of classification and client records
overrides the classification score in a manner which causes a resident to
either remain in or transfer to a more restrictive status than the resident would
be entitled to under the normal operation of the classification system, the
resident may request, via a “Request Slip” form pursuant to Cor 312, a written explanation
of the facts relied upon and the basis for override.
Source.
(See Revision Notes #1 and #2 at chapter heading for Cor 400) #12777, eff 5-11-19
PART Cor 408 REDUCED CUSTODY
PROGRAMS
Cor 408.01 Levels
of Reduced Custody.
(a) There shall be a reduced custody program for residents
who do not require higher levels of custody and for those who require gradual
reintegration back into society thereby providing the best possible method of
both protecting society and providing a chance for rehabilitation through a
supervised and meaningful process.
(b) The reduced custody programs shall consist of:
(1)
Administrative home confinement (AHC)
(2)
Transitional work centers (TWC); and
(3)
Transitional housing units (THU).
(c)
Residents
shall be
eligible to apply for AHC if:
(1)
They are within 14 months of the end of their minimum sentence; and
(2) Have served a minimum of 90
days at a state prison facility, unless the department authorized housing the resident
in another secure facility, not including county pre-trial time, or the release
is for participation in an educational program.
(d)
Residents shall not be eligible to apply for AHC if:
(1) They have been convicted of one or more of the
following offense(s):
a. Capitol,
first degree, or second degree murder;
b. Attempted murder;
c. Manslaughter;
d. Aggravated
felonious sexual assault, felonious sexual assault, sexual assault, or failure
to register or duty to report pursuant to RSA 651-B;
e. First degree
assault;
f. Class B
assault by prisoner;
g. Robbery; or
h. Escape;
(2)
They have 2 or more DUIs within the past 5 years from the date sentenced
to prison; or
(3) They have any AHC revocations in the past 3
years.
(e) Residents shall receive orientation on the
AHC program at their initial classification evaluation and by unit correctional
case managers as residents approach the window of opportunity
for application. The program and application
process shall be fully explained to appropriate residents
at those times.
(f) Residents that are within 24 months of their
minimum parole date shall be eligible for a TWC.
(g)
Residents shall be eligible for placement
at a TWC within 36 months of their minimum parole date, when authorized by the
commissioner or commissioner’s designee, if it is determined that there are extenuating
circumstances that shall include, but not be limited to, accident, injury,
illness, death of a family member, or other circumstance beyond the resident’s
control. Operational needs of a facility
will also be considered, and shall include but not be limited to, housing availability,
program availability, resident, staff, and public safety. This will be approved
only after a review of public risk in accordance with Cor 406.02.
(h) Residents within 12 months of their minimum
parole date shall be eligible for a THU.
(i) THUs shall be outside a main prison facility’s grounds, and
resident job assignments shall be in the community.
(j) If a resident has not yet reached his or her
minimum parole date, the sentencing judge shall be notified and given a 10-day
opportunity to object to the resident being assigned to work release before placement
into the work release program.
(k) If the sentencing judge objects, pursuant to
(j) above, the resident shall not move until he or she has reached his or her
minimum parole date.
(l) C-2 residents shall be placed at THUs to
serve as:
(1) Trustee cooks;
(2) Central office workers;
and
(3) Maintenance
workers.
(m) C-2 residents shall remain in the THUs except
when accompanied elsewhere by staff.
(n) A resident who is sentenced to the New
Hampshire department of corrections who has treatment or program recommendations
by the court noted on his or her MITTIMUS or triggered during the assessment
process shall have a referral to determine the level of care or service needed prior
to being considered for reduced custody.
(o) A resident that is deemed high risk or requires
a higher level of treatment or programming shall successfully complete required
programming before being considered for any level of reduced custody.
(p) Requests for exception shall be addressed to
the administrator of classification and client records and shall be triaged through
the director of security and training, the facility warden or director,
administrator of classification and client records, and the commissioner as a group.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor
408.02 Gaining Reduced Custody.
(a) Requirements for gaining reduced custody
shall be as follows:
(1) Major, A level, disciplinary violation free for
a 60-day period prior to applying;
(2) Minor, B level, disciplinary violation free
for a 30-day period prior to applying;
(3) Minor, C level,
disciplinary violation infractions shall be discretionary at time of unit reclassification
hearing;
(4) All required programs shall have been completed
unless the program is available in reduced custody;
(5) Approved reduced custody residents shall be
housed in secure facilities until the completion of required programs if the required
programs are not available in reduced custody; and
(6) Classification score based on the public risk
and institutional risk ratings shall be at the appropriate level.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 408.03 Restrictions on Gaining Reduced Custody.
(a) A residents serving a
sentence for escape or attempted escape from a non-secure facility over 3 years
ago, or default, bail jumping, being a fugitive from justice, or escape during
an arrest process shall not be eligible until on or after their minimum parole
date.
(b) A residents serving
a sentence for escape or attempted escape from a non-secure facility less than
3 years ago, or absconding, default, bail jumping, being a fugitive from justice
shall not be eligible for reduced custody.
(c) A residents serving a
sentence for escape from a secure facility shall not be eligible for reduced
custody until on or after their minimum parole date and only if he or she has
completed all required programs or has a verifiable plan for completing required
programs while in custody, and:
(1) He or she is “A” and “B” level disciplinary
violation infraction free for the past 365 days; or
(2) He or she obtains the written approval from
the commissioner of corrections or his or her designee utilizing a resident “Request
Slip” form as defined in Cor 312, whereas upon receipt, the commissioner or
designee shall validate there are no extenuating circumstances which may
preclude the resident from approval. Extenuating circumstances shall include,
but not be limited to evidence that approval may jeopardize public safety or
the welfare of the resident or he or she does not qualify as described within Cor 400.
(d) A resident who has a warrant(s), detainer(s),
active indictment(s), known pending charge(s), or consecutive sentence(s) shall
be eligible for reduced custody if:
(1) He or she has completed all required programs
or has a verifiable plan for completing required programs while in custody; and
(2) He or she has obtained permission from the entity
with jurisdiction over the warrant(s), detainer(s), indictment(s), pending
charge(s), or consecutive charge(s).
(e) Residents who have other sentences that are
longer or consecutive to their New Hampshire sentence shall be disqualified for
reduced custody unless approval is granted by the other authority.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
408.04 Maintaining Reduced Custody. While assigned to minimum custody status, a
resident shall remain disciplinary report free. If a resident receives a disciplinary report,
he or she is subject to removal from the reduced custody program and returned to
a secure facility PAR, depending on the severity of the rule violation and the
potential risk to staff, residents, and the public
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor
408.05 Regaining Reduced Custody
Status.
(a) A resident who is returned from reduced
custody status for disciplinary reasons shall be subject to disciplinary
action.
(b) If the resident is found guilty at a disciplinary
hearing, a classification evaluation shall be conducted to determine whether
this infraction is cause to change the resident’s custody
level.
(c) If the resident’s custody level recommendation
remains C-1 or C-2 that resident shall be returned to the reduced custody
program:
(1) 30 days after pleading guilty to or being
found guilty of a minor, B-level, offense; or
(2) 60 days after pleading guilty to or being found
guilty of a major, A-level, offense.
(d) Residents may be returned to reduced custody
sooner with extenuating circumstances that shall include, but not be limited
to, accident, injury, illness, death of a family member, or other circumstance
beyond the resident’s control. Operational needs of a facility shall also be considered,
and shall include but not be limited to, housing availability, program
availability, resident, staff and public safety. This shall be approved only after a review of
public risk in accordance with Cor 406.02 and if approved by the administrator
of classification and client records.
(e) If the resident is found not guilty of the offense they shall be returned to the previous custody at
the first available bed.
(f) When a resident is reclassified to C-3 or
higher custody level, from either C-2 or C-1 level, he or she shall return to
the higher custody level and shall not be eligible for reduced custody until
their next regularly scheduled classification evaluation, unless there is a change
in his or her status that warrants earlier review. If the resident is again
recommended for reduced custody at that time he or she
shall be placed on the appropriate waiting list and shall move as bed space
becomes available.
(g) Disputes resulting from removal from reduced
custody shall be settled using the grievance process pursuant to Cor 313.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
PART Cor 409
JOB ASSIGNMENTS AND CHANGES
Cor
409.01 Job Assignments.
(a) Residents shall be assigned to a work or
training program unless medically unable to participate.
(b)
Residents who by virtue of age, physical incapacity, or mental incapacity
cannot work shall not be required to work
but such residents shall have the opportunity to participate in vocational
training, education, and recreation programs commensurate with their physical
or mental ability. Classification staff
shall remove such a resident from a job and place the resident in non-working
status on a permanent basis, only after staff from the division of medical and
forensic services provide classification staff with information substantiating
the medical or behavioral capacity issues warranting such decision.
(c) Assignments to work and training areas shall be
made through the following:
(1) Classification
evaluations;
(2) A “Job
Change Request Form” completed and approved by the classification staff during
one of the quarterly job fairs; or
(3) A “Job
Change Request Form” approved by classification staff based on institutional
needs.
(d) Assignment to a specific job shall be based on
the following:
(1)
Classification score of the resident;
(2) Needs of
the institution; and
(3) Needs and
skills of the resident.
(e) Available areas of work and training shall be
as follows:
(1) Correctional
industries;
(2) Custodial assignments;
(3) Service related jobs in the kitchen, laundry, warehouse, or
maintenance department;
(4) Vocational training;
(5) Education;
and
(6) Reduced
custody programs.
(f) Job fairs shall be held at each prison facility
on a quarterly basis within each calendar year in order to
present potential employment opportunities to residents. This process shall allow residents to request
a change in their current job assignment without going through formal
classification hearings for those jobs that do not affect their overall
classification scores. Those residents
not wishing, or not being recommended, to stay in their present assignment
shall attend the job fair to seek other employment.
(g) To seek a job change the
resident shall complete a “Job Change Request Form” pursuant to Cor 409.03,
below.
(h) No staff member shall sign-off a job change
request to any state certified vocational training program unless it has been
verified that the resident has:
(1) Achieved a
minimum grade level of 7.5 in reading and math on the tests of adult basic
education (TABE);
(2) Earned a
verified high school diploma or high school equivalency certificate; or
(3) Successfully
completed all pre-requisite courses.
(i) The classification
staff shall reassign residents to any job that needs to be done at a
departmental facility.
(j) The resident may appeal the decision for an
unrequested job change on a “Request Slip” form pursuant to Cor 312, to the
classification staff stating the reasons for his or her disagreement. If the classification
staff upholds the job change, an appeal may be made to the administrator of
classification and client records on a “Request Slip” form, pursuant to Cor
312.
(k) Residents who work in the health services center or who
may be exposed to infectious diseases or blood borne pathogens in their work assignment
shall be required to attend infection control training.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19; ss by #12886,
eff 9-28-19
Cor 409.02 Security Sensitive Work Assignments.
(a) Each facility shall identify work areas that
are security sensitive due to posing potential risks to institutional security.
(b) Residents shall be in C-3 classification for
a minimum of 120 days before applying for a security sensitive position.
(c) Residents in C-2 classification and being
housed in C-2 housing shall be permitted to apply for security sensitive
positions without a waiting period.
(d) Residents being assigned to security
sensitive work areas shall require the approval of the facility chief of security
or designee. Approval shall be based on the following criteria to include, but
not be limited to, disciplinary infraction history, staff input as well as safety
for the resident, staff, and the public including the ability to maintain institutional
security.
(e) Residents who have one or more of the following
shall not be permitted to work in security sensitive areas without the approval
of the warden, who shall take into consideration all criteria identified in Cor
409.02(d) above:
(1) Possession
of escape implements within the last 5 years;
(2) Possession
of drugs with the intent to distribute or possession of weapons within the last
2 years;
(3) Positive
drug screen within the past 1 year; or
(4) Major
disciplinary infraction within the past 60 days
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
409.03 Job Change Request Form.
(a) The following shall be the 2 types of job-change
request forms:
(1) The “Job
Change Request Form”; and
(2) The
“Transitional Work Center Job Change Request” form.
(b) A resident shall be permitted to request a
job change at any time.
(c) A resident who wants a job change shall supply
the following on the applicable “Job Change Request” form:
(1) Date, name,
and identification number;
(2) Current
housing unit;
(3) Present job;
(4) Proposed job;
(5) Reasons for
the request; and
(6) Experience
in requested area applied for.
(d) The resident shall present the form to his or
her present job supervisor.
(e) The
present job supervisor of the resident shall supply on the form comments on the
job performance and behavior on the job of the resident.
(f) The present job supervisor shall then:
(1) Sign and date
the form; and
(2) Forward the
form to the proposed job supervisor.
(g) The proposed job supervisor shall supply on the
form comments as to whether there is a position available for the resident.
(h) The proposed job supervisor shall then:
(1) Sign and
date the form; and
(2) Return the
form to the resident’s unit supervisor.
(i) The unit supervisor
shall supply on the form the following information:
(1) Comments on
the proposed job change to include any information which may preclude the
resident from working within the newly requested position, to include but not
limited to, recent disciplinary infractions, safety concerns for residents,
staff, and the public; and
(2) Whether the job change request is approved. Approval
shall be based on whether the opportunity would be beneficial to the resident
and the institution, and if the resident meets the requirements for the desired
position.
(j) The unit supervisor shall then sign and date
the form and forward the form to classification staff.
(k) The classification staff upon receipt of the
form shall supply the following on the form:
(1) Comments on
the proposed job change, taking into consideration all information provided
within the “Job Change Request” form by staff and if staff, institutional security,
or the public safety could be jeopardized, or approving the job would
invalidate the re-entry plan of the resident; and
(2) Whether the
job change request is approved or denied which shall be based on the review of
all compiled information collected and contained within the “Job Change Request”
form, including but not limited to staff comments and observations, as well as
documented disciplinary infraction history, as well as benefits to the resident
and the institution.
(l) Job change requests which are recommended by
the current and prospective employer shall be approved unless during the review
by classification staff there is evidence that approving the change would put
resident, staff, institutional security, or the public in jeopardy, or approving
the job would invalidate the re-entry plan of the resident.
(m) The classification officer shall then:
(1) Sign and
date the form; and
(2) Forward copies
of the form to the following:
a. The resident;
b. The present
job supervisor;
c. The proposed
job supervisor;
d. The unit
supervisor; and
e. Client
records.
(n) The resident shall begin work at the new job
within 90-days.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
409.04 Reduced Pay Status.
(a) If a resident is to be fired from his or her assigned
job for cause, he or she shall not be terminated until his or her right to due
process is exercised.
(b) A resident found guilty of a disciplinary
infraction involving the work or program assignment shall be placed on “reduced
pay status (RPS)” by the appropriate work site supervisor using the “Placement
on Reduced Pay or No Job Available Status” Form.
(c) Residents placed on RPS for disciplinary
reasons may appeal the assignment to the warden or director’s designee using a
“Request Slip” form as described in Cor 312.
(d) Residents placed on RPS shall not be assigned
another job until 90 days has lapsed from the date of placement in RPS status.
(e) Residents who are on RPS shall remain in
their housing area except when they are directed by a staff member to be elsewhere.
(f) If availability exists, and the housing unit
and program area staff authorize, residents on RPS may participate in education
and programs and shall be paid RPS wages.
(g) Residents under 21 years of age who are receiving
special education services shall continue to attend classes when on RPS.
(g) If a resident’s job performance is not satisfactory
through no fault of his or her own, the supervisor shall document this, stating
the reasons on the “Placement on Reduced Pay or No Job Available Status Form”
and noting that no disciplinary action needs to be taken. Copies shall be
forwarded to the classification office, the resident, and the unit security representative,
within 24 hours. Classification staff shall enter this information into the CORIS,
and the resident shall be able to seek other employment.
(h) Residents
placed in NJA status may get another job assignment once a completed job change
request has been approved by classification staff for the specific facility.
(i) Residents unable to continue in his or her current job due
to a medical condition and who have been provided with a medical lay-in pass
shall be reassigned a medical lay-in job code.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor
409.05 No Job Available Status. Residents shall be assigned to the NJA status
when:
(a) He or she is newly incarcerated and is in the
orientation period; or
(b) His or her work performance at an assigned
job is substandard through no fault of his or her own.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
409.06 Placement on Reduced Pay or No Job Available Status Form. The “Placement on Reduced Pay or No Job
Available Status” form shall contain the following:
(a) The resident’s name;
(b) The resident’s ID number;
(c) The resident’s housing assignment;
(d) The resident’s job assignment
and shift;
(e) Whether the placement is in:
(1) (RPS); or
(2) (NJA) Status.
(f) The specific reason for the placement;
(g) The staff member’s name; and the date.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
409.07 Job Assignment Suspension.
(a) Residents shall be suspended from his or her
work assignment without pay during the disciplinary and due process procedures
utilizing the “Individual Job Assignment Suspension Form”, if it is determined
there is a threat to institutional security, the safety of residents, staff or the public.
(b) Residents suspended without pay that are
found not guilty of the charges used to suspend them shall be reimbursed all
missed pay while suspended.
(c) Residents removed from his or her work assignment
administratively pursuant to (409.06) above shall be paid at the standard NJA
status pay-rate, and permitted to pursue employment in
other areas.
(d) Residents may appeal their administrative removal
from an assigned job to the warden or director on a “Request Slip” form as
defined in Cor 312.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
409.08 Individual Job Assignment Suspension Form. The “Individual Job
Assignment Suspension Form” shall contain the following:
(a) The resident’s name;
(b) The resident’s ID number;
(c) The resident’s housing assignment;
(d) The pending disciplinary infractions;
(e) The suspension effective date;
(f) The resident’s work site and shift;
(g) The worksite supervisor’s printed name and signature;
(h) Notification to the resident of either:
(1) “You have pled
guilty to or been found guilty of the disciplinary infraction(s) referenced in
(4) above. You are hereby placed in RPS effective (date). All movement and
employment restrictions apply pursuant to Cor 409.05 (e)”; or
(2) “You have
been found not-guilty of the disciplinary infraction
referenced in (4) above. You will report back to your work-site effective (date)”;
or
(3) The form
shall contain the following language for notification:
“Although you have not been found guilty of a
disciplinary infraction, you are being removed from your work assignment
permanently per documented unusual circumstances, confidential intelligence
information, or first-hand knowledge of individual misbehavior”.
(i) The removal in
(h)(3) above shall require the approval of the facilities chief of security or higher
authority.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
PART Cor 410
SPECIAL STATUSES
Cor 410.01 Protective
Custody.
(a) The department shall provide a protective custody
status for those residents that face a verifiable danger of being physically
harmed by another resident.
(b) Protective custody may be sought by a resident. The resident shall demonstrate during an administrative
review evaluation that he or she faces danger of being physically harmed by
describing the nature of the harm and identifying the residents who has
threatened him or her.
(c) Residents in quarantine status shall make a
request for consideration for protective custody to the unit supervisor. These
requests can be made verbally, by the resident to a staff member, or in writing
to a staff member, no special form shall be required. The approving unit supervisor shall schedule
that resident for a protective custody review evaluation.
(d) If a resident housed in general population
has a rational fear for his or her safety, he or she shall report his or her
concern to a staff member who shall notify the shift supervisor.
(e) The shift supervisor shall immediately place the
resident in PAR status pending protective custody (PC) review pursuant to Cor
410.04 below. A report shall be completed
and distributed to the shift commander, the unit supervisor of the housing area
of the resident, and the classification staff before the end of the shift supervisor's
tour of duty that day.
(f) The approving unit supervisor shall advise
the case manager of the resident requesting protective custody. The case manager
shall attempt to mediate the issue and resolve it. If the case manager is unable
to mitigate the problem, the case manager shall notify the approving unit supervisor,
and document the attempted mitigation in the resident’s record, and a PC evaluation
will be scheduled.
(g) The approving unit supervisor shall schedule a
protective custody review evaluation for those residents deemed as requiring one, if one has not yet been scheduled. The resident shall be notified 24 hours in
advance of the PC review evaluation. The resident may waive this notice.
(h) The protective custody evaluation board shall
consist of:
(1) The shift
commander or designated shift supervisor;
(2) A member of
the department’s investigation bureau, who shall be the evaluation board chair;
and
(3) The
approving unit’s supervisor or designee.
(i) A resident shall
request in writing if he or she chooses to preclude a specific staff member, or
officer from attending the evaluation.
In addition, any witnesses, questions, or evidence to be presented
during the evaluation, by the resident, shall be requested in writing as soon
as possible, but no later than 12 hours prior to the start of the evaluation.
Requests shall be submitted on a “Request Slip” form as defined in Cor 312, to
the unit supervisor or case counselor or case manager of the resident only.
(j) A resident may object to the presence of a
particular officer on the evaluation review board based on a disciplinary
infraction involving the officer and the resident, which occurred within 3
months immediately preceding the evaluation. Requests shall be completed as
described within (i) above.
(k) The evaluation review board in reaching its
decision, shall consider the following to determine if a feasible, verifiable threat
of bodily harm exists and would jeopardize the safety of the resident:
(1) What is in
the best interest of the health, welfare, and safety of the other resident’s;
(2) All evidence
relevant to the request of the resident to be placed in, or to remain in, protective
custody status;
(3) Any alleged
conflict the resident might have with other residents currently confined in the
institution;
(4) Whether the
resident currently would be in any danger, should the resident be returned to
general population; and
(5) Whether the
resident being evaluated specified a verifiable danger and named the resident
or residents who he or she feared would cause him or her physical harm.
(l) A resident shall not be refused protective
custody status or removed from such status based on disciplinary reasons, or reasons
unrelated to the resident or of other residents in that status.
(m) The residents shall have a right to appear at
his or her evaluation, testify, call witnesses, and present relevant evidence
as directed in (i) above. However, the protective custody review board
chair as identified in (h)(2) above, shall exclude any witness called by a resident
from testifying if the presence of that witness at the evaluation might pose a
danger to prison security, or the safety of the resident, or the testimony of
the witness is irrelevant or cumulative.
In no event shall the board chair require a resident to offer evidence
that would incriminate himself or herself.
(n) The chair of the review board as identified
in (h)(2) above, shall issue a written recommendation to the administrator of classification
and client records. He or she shall make the final decision which shall be
based upon, whether evidence exists that a feasible, verifiable threat of bodily
harm is present and would jeopardize the safety of the resident. All evaluation
documentation, which shall include the board's reported observations and the facts
relied upon by the board, in arriving at such conclusions, shall be considered
by the administrator of classification and client records when reaching his or
her final decision.
(o) If protective custody status is recommended,
the board shall recommend a housing placement based on the nature of the threat
to the resident, and the resident shall:
(1) Remain in
or be returned to the same or another housing unit in general population;
(2) Be
transferred out of state;
(3) Be
transferred to a county facility; or
(4) Be transferred
to a different departmental facility.
(p) Verbal notification shall be provided to the
resident by unit staff. Due to the potential danger to the resident involved by
possessing protective custody documents, written notification shall be provided
to the resident of the administrator of classification and client records final
decision only if requested by the resident.
(q) If the resident is dissatisfied with the
decision of the review board he or she may, within 7 days, appeal to the
administrator of classification and client records on a “Request Slip” form as
defined in Cor 312, stating the reasons why this status should be granted or
revoked. During the pendency of the appeal
the resident shall remain in PAR status.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
410.02 Secure Psychiatric Unit (SPU)
Assignments.
(a) A resident shall be a candidate for transfer
to the (SPU) if the resident is:
(1) Classified
at level BH-5, a behavioral health score of 5, and is a danger to self or others;
(2) Observed by a behavioral health clinician engaging
in behavior that would qualify the resident for reclassification to level BH-5
and is dangerous to self or others;
(3) Certified by a psychiatric provider as needing
management or treatment in a secure psychiatric facility; or
(4) Ordered
transferred by the superior court of the sentencing jurisdiction.
(b) If a court order is issued, delivery of a
copy of the order to the administrator of SPU shall initiate the transfer.
(c) Whenever any of the necessary criteria listed
in section (a), above are met, the administrator of the behavioral health unit
or designee, in consultation with the administrator of SPU, shall initiate proceedings
by completing and submitting to the SPU a “Transfer of a Person Under Departmental
Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services
Pursuant to RSA 623:1” form, (Rev. 02/2018).
(d) The completed transfer form shall be
forwarded to the SPU prior to the transfer of the resident so that admission
arrangements can be made.
(e) If a person in the custody of the commissioner
needs emergency treatment and requires immediate transfer to the SPU, the due
process review shall occur within 24 hours following the transfer,
and shall be executed as outlined within Cor 504.07.
(f) A resident who agrees to be transferred to the
SPU shall sign the form in (c) above.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
410.03 Pending Administrative Review
(PAR).
(a) “Pending administrative review (PAR)” as
defined within Cor 101.18, shall allow investigation of various issues as delineated
in (e), below.
(b) PAR shall be imposed on a resident when
circumstances arise involving the resident that might place the safety, security,
and orderly operation of the facility in jeopardy or for any other valid
penological purpose. It shall be imposed
only for the minimum amount of time necessary when the continued presence of
the resident in the reduced custody or general population presents a clear
danger to himself, herself, others, or facility safety.
(c) When a resident is involved in an incident
that threatens institutional security, staff, or other residents, and, in the
opinion of the on-duty shift supervisor, it is necessary that he or she be
placed in PAR status to prevent further incidents, or because of the
seriousness of the incident, the shift supervisor shall advise the resident of
the imposition of PAR status and have him or her moved to the housing unit designated
for that purpose.
(d) The responsible officer shall prepare a “Pending
Administrative Review Notification and Review Form”, pursuant to Cor 410.05,
below, forward it to the shift supervisor, and file a report for investigation
and distribution before going off duty. The
shift supervisor shall sign the form, ensure a copy is delivered to the
resident, and forward copies to the investigations
bureau, the classification and client records office. The “Pending Administrative Review Notification
and Review” form shall indicate to the resident that a written appeal of this status
may be made on a “Request Slip” form as defined in Cor 312, to the warden within
48 hours.
(e) The various categories of administrative review
shall be designated as follows in Table 410-1, Administrative Review
Designation:
Table 410-1 Administrative Review Designation
Category |
Designation |
Administrative |
Administrative Review-Pending Reclassification |
Investigation |
Administrative Review-Pending Investigation |
Protective Custody |
Administrative Review-Pending PC Review |
Behavioral Health |
Administrative Review-Pending Behavioral Health Review |
Reclassification based on Discipline |
Administrative Review-Pending Reclassification |
Transfer |
Administrative Review-Pending Transfer |
(f) The sending unit staff shall schedule an
administrative review evaluation within 7 days.
(g) If there is no change in the PAR status of
the resident, a meeting every 7 days thereafter shall be scheduled and:
(1) The resident
shall be present at every 7-day meeting and shall be given the opportunity to speak
at the meeting;
(2) The 7-day
meetings shall be documented on the PAR form; and
(3) If the PAR
status is not resolved the reviewer shall note the specific reason why not on the
form.
(h) The weekly meetings shall not be
administrative review evaluations, but shall be
administrative meetings.
(i) When the PAR
status is resolved, or it is determined that it cannot be resolved, an
administrative review evaluation shall be scheduled.
(j) Except for extenuating circumstances and with
the approval of the administrator of classification and client records, PAR
status shall be cleared in no more than 30 days.
(k) For residents with victim notification
required, the classification staff or designee shall inform the victim services
coordinator when the board recommends reclassification to a higher custody level,
reclassified to minimum custody, work release, AHC, or reclassified to any
custody level inside the secure perimeter.
(l) The administrative review evaluation shall
review the facts and circumstances regarding the imposition of PAR and shall recommend
to the administrator of classification and client records that the resident be
released from PAR or recommend the continuation of PAR until such time as a
disciplinary hearing can be scheduled. If the administrative review evaluation concludes
that the return of the resident to the prison population would not pose a clear
danger to institutional security, or to the well-being of the resident, the
board shall recommend to the administrator of classification and client records
that the resident be released from PAR status.
If the board determines that release of the resident from secure housing
would pose a clear threat to him or her, others, or to institutional security,
it shall recommend the resident be retained in secure housing pending a re-classification
evaluation.
(m) The administrator of classification and
client records shall approve all recommendations unless the administrator of classification
and client records can articulate a reason why approving the recommendation
would create a threat to institutional security, staff, or other residents.
(n) Residents retained in PAR shall be reviewed by
the sending unit supervisor or designee at 7-day intervals and shall be advised
of the reason for any delay in obtaining a hearing or recommended action, as
well as the approximate date by which they can expect the action to be
completed.
(o) Residents in PAR shall have the same cell furnishings
offered the other residents in the same housing unit unless reduction or
restriction of certain items are necessary to maintain security control or to
prevent the resident from harming themselves or others.
(p) Residents retained under this rule in PAR
status shall be afforded the same recreation, work, education, and other
activities as are other residents in the same housing unit unless security of
the institution mandates otherwise.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
410.04 Pending Administrative Review
Notification and Review Form.
(a) The officer who is placing a resident in PAR
status shall supply the following on the “Pending Administrative Review Notification
and Review” form:
(1) The date;
(2) The name and
identification number of the resident;
(3) The
officer’s name; and
(4) The PAR
category as described in Cor 410.04 above, in which the resident is being
placed.
(b) The officer shall sign the “Pending Administrative
Review Notification and Review” form.
(c) The officer who delivers the “Pending
Administrative Review Notification and Review” form to the resident shall
supply the following on the “Pending Administrative Review Notification and Review”
form:
(1) His or her
name; and
(2) The delivery
date.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor 410.05 Notice of Evaluation Form. Resident shall be notified of the
administrative review evaluation pursuant to Cor 407.03.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor
410.06 Administrative Review Evaluation
Form.
(a) The “Administrative Review Evaluation” form
shall be used by classification staff to document evaluations for residents
placed in administrative review status.
(b) The “Administrative Review Evaluation” form
shall contain:
(1) The name of
the resident;
(2) The booking
number of the resident;
(3) The names
of board members;
(4) The sending
facility and unit;
(5) The current
facility and unit;
(6) The reason
for placement in administrative review status;
(7) Documentation
of 24-hour notice being:
a. Received;
b. Not received;
or
c. Waived;
(8) Documentation
of the resident being:
a. Present;
b. Absent; or
c. Attendance
being waived;
(9) A summary
of the evaluation;
(10)
Documentation of witness statements being attached if applicable:
(11) The
custody level recommendation of either:
a. C-1;
b. C-2;
c. C-3;
d. C- 4; or
e. C-5;
(12) A housing recommendation
of either:
a. NH state
prison for men;
b. Northern NH
correctional facility;
c. NH correctional
facility for women;
d. Transitional
work center;
e. Transitional
housing unit;
f. Out-of-state;
or
g. County placement;
(13) The specific
unit, county, or state, if applicable;
(14) A notation
of any escape history;
(15) A notation
of any public risk concerns;
(16) Whether
victim notification is required;
(17) The board
chair’s signature;
(18) The warden
or director’s approval or denial;
(19) The reason
for denial if applicable;
(20) The
facility warden’s signature if the review was protective custody related;
(21) The commissioner’s
approval or denial if the result is a 2-step change in the resident’s
classification status;
(22) The final
decision of the resident’s:
a. Classification;
b. Housing; and
c. Time to next
review;
(23) Instructions
on how to appeal the decision; and
(24) Notice that
the commissioner has the authorization to remove any resident from any approved
plan, at any custody level, at any time if in his or her opinion the placement
might jeopardize the safety, security, or orderly operation of any departmental
facility.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 410.07 Medical Segregation.
(a) Medical segregation shall be imposed only by a
doctor, licensed provider, or advance practice registered nurse, hereinafter called
the medical authority, who upon examination of the resident has determined that
it is necessary to separate him or her from the general population because the
resident might be contagious or a threat to his or her self
or others because of his or her medical or mental condition.
(b) Medical segregation shall be imposed only for
as long as necessary to resolve the medical or psychiatric concern. It shall occur in any housing facility within
the institution consistent with security requirements, and the medical needs of
the resident as determined by the medical authority. Items available to the resident in the housing
location shall be limited or restricted by the medical authorities
if necessary, pursuant to (g) below.
(c) Residents in medical segregation shall be restricted
from work or participating in recreation by the medical authority
if necessary, pursuant to (g) below. In
each case the limitations associated with that condition shall be specified and
shall become part of the treatment folder health record of the resident.
(d) Residents held in medical segregation for psychological
reasons shall visit with the psychiatric providers or behavioral health counselor
as determined by the medical authority. Such visits shall be for the purpose of
monitoring or checking the resident, providing therapy and treatment, and determining
on a regular basis whether the status should continue. That determination shall be made by the medical
authority based on the authority's own examination and reports from the
healthcare staff.
(e) Upon initial examination and during the
period of medical segregation, the medical authority shall determine whether
referrals or transfers should be made to other facilities or medical or psychiatric
personnel.
(f) The medical authority shall keep medical
records regarding imposition of the status, including recording the reasons for
imposition of the status and what referrals, if any, to outside facilities were
sought. The medical condition shall be regularly reviewed to insure
that segregation is imposed only for the period absolutely required for valid
medical and psychiatric reasons. The medical
authority and the behavioral health staff or healthcare staff shall on a
regular basis keep progress notes and indicate the reason for continuation of the
status in the health record of the resident.
(g) A resident placed in medical segregation shall
retain all rights and privileges in consonance with the custody level of the
resident including all personal property and participation in programs, unless
the medical authority determines in his or her opinion that the exercise of a
particular right or privilege by the resident might jeopardize the medical treatment
that he or she is undergoing, in which case the medical authority shall prescribe
in writing a partial or total curtailment of such rights and privileges.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
Cor 410.08 Disciplinary
Confinement of a Resident to Cell (DCC).
(a) Disciplinary Confinement of a Resident to Cell
(DCC), shall be imposed on a resident by the disciplinary board as punishment for
a specific disciplinary infraction after he or she has been afforded a due
process hearing pursuant to Cor 311.
(b) DCC, shall be imposed for up to 15 days at a
time with a 24-hour break between any consecutive impositions.
(c) Residents in DCC shall:
(1)
Be visited by a member of the medical or behavioral health
staff on a daily basis to determine whether he
or she has any medical complaints;
(2) Receive one
hour out of cell, 7 days a week;
(3) Have the opportunity
to shower on a daily basis;
(4) Have the
opportunity for issue and exchange of clothing, bedding, linen, and laundry at
least 3 times a week;
(5) Be provided
the same opportunities for the writing and receipt of letters available to
general population residents. In addition, writing implements
and paper shall be supplied to residents in DCC upon request;
(6) Be
restricted to only placing telephone calls to their attorney of record, New
Hampshire Legal Assistance, and family members during a verified family crisis;
(7) Have access
to counseling services, social service, religious guidance, and commissary
purchased personal hygiene toiletries;
(8) Be provided
access to reading materials. Soft cover
books shall be requested only from the chaplain or tier officer. Personal magazines and newspapers shall be held
in property until the punitive time is completed; and
(9) Only
receive visits from their attorney of record, New Hampshire Legal Assistance,
and family members during a verified family crisis. These visits shall be scheduled and
facilitated through the unit supervisor or designee.
Source. (See Revision Notes #1 and #2 at chapter heading
for Cor 400) #12777, eff 5-11-19
Cor
410.09 Temporary Confinement of a Resident
to Cell (TCC).
(a) When a resident becomes so hostile or
agitated that opening the cell door might result in a violent incident, he or
she shall be temporarily confined to his or her cell (TCC).
(b) The shift supervisor shall be notified immediately
of the TCC.
(c) The shift supervisor or designee shall, upon
notice of the TCC:
(1) Speak with
the resident in an attempt to resolve the situation;
(2) Review the
situation, including talking with any witnesses;
(3) Advise the
warden or chief of security if the situation is not resolved within 2 hours;
and
(4) Call a behavioral
health worker if needed.
(d) If the TCC continues beyond one day, the
warden or director shall evaluate whether the circumstances outlined in (a)
above continue to be present and make a decision thereupon
each day whether to continue the status.
(e) A classification evaluation shall be convened
within 3 days if the behavior of the resident does not allow him or her to be
released from the cell by that time.
(f) Use of TCC shall be documented in an incident
report. Any limitations on property
shall be documented and justified on the TCC log and no property or furnishing
shall be removed unless the resident is destroying property, attempts to set fire
to those items, is assaultive, or self-destructive. The clothes of the resident shall not to be
removed unless absolutely necessary. The underwear of the resident shall not to be
removed unless the warden or designee finds that in light of
the condition of the resident the underwear might be used by the resident to
harm himself or herself or others. Any limitations on clothing shall be documented
and justified on the TCC log.
(g) No resident shall be placed in a cell bare of
any furnishings without an immediate referral and evaluation by behavioral health,
and the condition shall continue only so long as is necessary.
(h) Residents in temporary cell confinement shall
not be let out of their cells for the ordinary recreation, showers, or other
activities enjoyed by residents who are compliant. Since this status poses a serious hardship on a
resident, it shall continue only for the period of time necessary to insure the safety of the resident or others.
Source. (See Revision Notes #1 and #2 at chapter
heading for Cor 400) #12777, eff 5-11-19
PART Cor 411 WORK
RELEASE
Cor
411.01 Work Release Program Purpose. The work release program shall provide a structured
community-based opportunity for eligible residents to reintegrate into the
community by obtaining employment and other approved rehabilitative activity
while residing in a departmental transitional housing unit. Residents participating in the program shall be
assisted in a graduated program of lessening restrictions as they demonstrate increasing
social responsibility.
Source. (See Revision Note #3 at chapter heading for
Cor 400) #12887, eff 9-29-19
Cor 411.02
Work Release Program Description. The program shall provide guidance and
jurisdiction over the resident while assisting them in completion of their
program. Residents in the program shall be assigned to
a departmental transitional housing unit, taking into consideration
availability of employment, educational opportunities, public safety, public
acceptance, and the desires of the resident.
Source. (See Revision Note #3 at chapter heading for
Cor 400) #12887, eff 9-29-19
Cor 411.03
Eligible Entrants.
(a) Residents eligible for
entry into the work release program shall include those who meet the following
criteria:
(1) The resident shall be within 12 months of parole of serving
the resident’s last sentence;
(2) If detainers or warrants have been
lodged, the resident may seek approval through the administrator of inmate classification
and client records;
(3) The administrator of classification and client
records after reviewing the detainers and warrants, and considering any
perceived risk to the public, shall base his or her decision upon:
a. The seriousness of the underlying offenses;
b. The resident’s institutional record;
c. The resident’s criminal history;
d. Any unpaid fines,
restitution or both;
e. Warrants issued as a condition of parole; and
f. The originator of the warrant does not seek extradition.
(4) The resident
shall not have been found guilty of any departmental disciplinary actions for
the past 60 days where prison privileges could have been curtailed as a sanction;
(5) The resident shall possess sufficient funds in his or her
account to cover initial expenses associated with participation in the program
as determined by the department.
Source. (See Revision Note #3 at chapter heading for
Cor 400) #12887, eff 9-29-19
Cor 411.04 Eligible
Entrants from Sources Other Than Prison.
(a) Parolees shall be eligible to participate in
the program under such conditions as the adult parole board shall prescribe for them.
(b)
Residents committed or transferred to
the secure psychiatric unit shall be eligible to participate in departmental work-release programs if
consistent with the resident’s treatment plan and program space
availability. However, residents who
object and who do not have a state prison sentence shall not be placed in work
release programs.
Source. (See Revision Note #3 at chapter heading for
Cor 400) #12887, eff 9-29-19
Cor 411.05
Residents Required to Follow Rules. Residents at transitional housing units shall
follow the rules and orders provided by the staff. Any failure to follow rules and orders shall
result in the resident being removed from the program.
Source. (See Revision Note #3 at chapter heading for
Cor 400) #12887, eff 9-29-19
Cor 411.06 Disposition
of Resident Funds.
(a) Each resident at a
transitional housing unit shall have a limit placed on the amount of money at
his or her disposal, limited as follows:
(1) Phase 1 $20.00 per week;
(2) Phase 2 $40.00 per week;
(3) Phase 3 $50.00 per week; and
(4) Phase 4 $60.00 per week.
(b) Residents shall surrender to the designated
staff member all funds received by them or credited to their account pursuant
to RSA 651:25.
(c) A designated staff member shall assist the resident
in developing a budget, and approve disposition of the funds, including
payments for:
(1) Room and board in the specified amount;
(2) Transportation fees;
(3) Medical, dental, and prescription costs;
(4) Court ordered restitution or fees and child support as ordered;
(5) Family support;
(6) Personal expenses in approved amounts;
(7) Savings; and
(8) Other
expenses as ordered by the courts or regulatory agency having such powers.
(d) Additional funds may be
requested for necessary purchases such as child-care expenses or tools for
work.
(e) Under no circumstances shall residents have money
not accounted for in their budget.
(f)
Unaccounted for funds shall be confiscated, and presented
as evidence at a disciplinary hearing, as follows:
(1) Persons found not guilty of possessing unaccounted for funds
shall have the funds returned to them.
(2) Persons found guilty of possessing unaccounted for funds shall
be sanctioned in accordance with departmental policy and procedure directive
5.25.
Source. (See Revision Note #3 at chapter heading for
Cor 400) #12887, eff 9-29-19
Cor 411.07 Approved
Absences from Transitional Housing Units.
(a) Upon application, and
with a concurring recommendation from the resident’s case manager, and the
program manager of the transitional housing unit absences shall be approved
from the unit for any resident who meets the following criteria:
(1) The resident
shall be serving the last 90 days of his or her last sentence;
(2) The resident
shall be physically and mentally capable of conducting himself or herself in a law-abiding manner and can be without
escort or supervision without putting either the public or property at risk;
(3) The resident has demonstrated through institutional
behavior a level of responsibility which provides reasonable assurance he or she
will fully comply with the requirements of the approved absence and will not
jeopardize the safety of persons or property; and
(4) The purpose of the approved absence shall be to:
a. Visit immediate family, including:
1. Father, either natural, adoptive, or step;
2. Mother, either natural, adoptive, or step;
3. Brother, either natural, adoptive, or step;
4. Sister, either natural, adoptive, or step;
5. Wife;
6. Husband;
7. Children, either natural, adoptive, or step;
8. Legal civil union partners; or
9. Grandchildren.
b. Attend the funeral of immediate family, as described in a. above;
c. Obtain medical treatment as prescribed by an appropriate medical
authority; or
d. For attendance at specific community activities, including:
1. Religious;
2. Educational;
3. Vocational;
4. Social;
5. Civic; or
6. Recreational activities.
Source. (See Revision Note #3 at chapter heading for Cor
400) #12887, eff 9-29-19
Cor 411.08
Removal from the Program.
(a) Work release status shall not be considered a
right, but shall be a privilege. Any resident shall be removed from the program any time the commissioner believes
or has reason to believe the peace, safety, welfare, or security of the community
or any person will be endangered by the person on work release status.
(b)
Residents so removed shall be returned to a more secure correctional
setting.
(c) Parolees so removed shall
be returned to a New Hampshire state prison.
(d) A resident who is placed in escape status at a
transitional housing unit shall upon return to custody be returned to a New Hampshire
state prison and not returned to the transitional housing unit, at least until
the incident is resolved.
Source. (See Revision Note #3 at chapter heading for Cor
400) #12887, eff 9-29-19
PART Cor 412 NON-GOVERNMENTAL PERSONNEL ACCESS TO RESIDENT
NON-MEDICAL RECORDS
Cor 412.01 Permission for Release of Information.
Residents shall complete and sign a “Release
of Information Form” (revised 5/2019) as referenced in Cor 412.03 prior to the
release of information from their non-medical client records. A copy
of the completed form shall be maintained in the client record. The release shall expire 6 months from the
date of issue.
Source. #13082, eff 8-6-20
Cor 412.02 Copies of Official Records.
(a)
Attorneys, excluding the department of justice, insurance companies,
employers, or other individuals shall submit a completed and original “Release of Information” form as described
in Cor 412.03 signed by the resident along with prepayment for requested copies.
(b)
After review of a paper
record, a count of the total pages to be copied and the cost of producing said
materials shall be determined. The estimated printing costs shall include the
per page cost as well as the total cost for reproduction, and
shall be sent to the requesting party for pre-payment.
(c)
Costs for printed materials shall be determined by the commissioner, or
his or her designee and printing costs shall be calculated by considering current
market prices associated with producing such documents.
(d)
Should the requesting party request an electronic copy, the requesting
party shall be charged a flat fee of $10 for records stored in the ECR and the EDSA. This fee shall cover the cost of the medium,
mailer, postage, and review of the Release of Information form to determine
which parts of the record shall be released. A copy of the bill shall also be
sent to Department financial services.
(e) Pursuant to RSA 560:22 and RSA 332-I:13,when
there is no estate administration, the surviving spouse or next of kin shall have access to copies of the deceased resident’s
record upon providing proof of the requestor’s identity unless the record indicates
that the individual shall not have access to those records. Copying fees shall be applied as stated in (b)
and (c) above.
(f)
Upon receipt of the appropriate fees, financial services shall notify
the office of client records that payment was received. The office of client
records shall make and forward the requested copies.
Source. #13082, eff 8-6-20
Cor 412.03 Release of
Information Form.
(a)
The “Release of Information Form” (5/2019 edition) shall be completed by
the resident and shall contain:
(1) The resident’s name, ID
number, and date of birth;
(2) The expiration date of the form;
(3) The resident’s signature; and
(4) The signature of a witness to the resident
signing the form.
(b) The form shall identify:
(1) The name of person who
is authorized to review the file;
(2) The name of the organization the person in
(1) above represents; and
(3) The specific record(s) in
the resident’s non-medical electronic record(s) the person shall examine and
discuss.
(c)
The form shall state
specifically what records shall be reviewed.
(d)
The resident shall
sign the completed form to consent to the following:
(1) “I understand that these
records are confidential and will not be released unless I sign this Release of
Information Form”; and
(2) “I further understand
that this consent to release information may be revoked in writing by me at any
time”.
Source. #13082, eff 8-6-20
CHAPTER Cor 500 STANDARDS FOR HEALTH, MEDICAL, AND BEHAVIORAL
HEALTH CARE IN CORRECTIONS FACILITIES
Revision Note:
Document #12793, effective 5-25-19,
readopted with amendments and renumbered Part Cor 303, titled “Standards for
Health and Medical Care in Corrections Facilities”, as Part Cor 501 and Cor 502
in a new Chapter Cor 500, titled “Standards for Health, Medical, and Behavioral
Health Care in Corrections Facilities.”
Document #12793 also adopted Part Cor 503 titled “Medical and
Psychiatric Emergencies” and readopted with amendments and renumbered Part Cor
304, titled “Standards for Treatment at the Secure Psychiatric Unit,” as Part
Cor 504. Document #12793 readopted with
amendments and renumbered Cor 302.03, titled “Diagnosis, Counseling, and Therapy”,
as Cor 505.01 in Part Cor 505 titled “Behavioral Health Services”, with the exception of Cor 302.03(i),
which was readopted with amendments and renumbered as Cor 505.02 titled “Sexual
Offender Administration”. Document
#12793 adopted Cor 505.03 through Cor 505.07.
Document #12793 replaces all prior
filings for the former rules Cor 302.03, Cor 303, and Cor 304. The prior filings affecting the former rules Cor
302.03, Cor 303, and Cor 304 include the following documents:
#7448,
eff 2-6-01
#9383,
INTERIM, eff 2-3-09
#9508,
eff 7-8-09, EXPIRED 7-8-17
#12396, INTERIM, eff
9-29-17
#12502,
eff 3-23-18
Cor 501.01 Purpose. The purpose of these rules is to define the circumstances
in which, and mechanisms by which, involuntary emergency treatment, seclusion, or
restraint can be provided for adult residents in correctional settings. These emergency interventions are designed to
be effective, safe, and time-limited and utilized only after all less restrictive
options have been exhausted.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 501.02 Definitions.
(a) "Administrator" means the non-medical
administrator of the secure psychiatric unit (SPU) or, in the absence of the administrator, the designee in charge of the
facility.
(b) “Administrative review committee (ARC)” means
a committee comprised of administrators from the division of medical and forensic services assigned by the director of medical and
forensic services as a risk management and clinical review committee of the
treatment rendered to residents who have committed sexually-related
offenses or have a documented sexually violent history.
(c) “Advance practice
registered nurse (APRN)” means an advanced practice registered nurse licensed by
the board of nursing who is certified as a psychiatric behavioral health nurse
practitioner by a board-recognized national certifying body.
(d) “Behavioral contract”
means a document that addresses current negative behaviors which are preventing
a resident from being successful in a program or treatment, and that contains
an agreement to ensure that the resident is made aware of concerns and how the
resident and treatment provider can work together to resolve barriers to treatment.
(e) “CMS regional office” means the office of the
U.S. Department of Health and Human Services, Branch Chief, Survey and Enforcement Branch, Centers for Medicare & Medicaid Services,
Room 2275, John F. Kennedy Federal Building, Boston, Massachusetts 02203.
(f) “Completion without full
application” means that the sexual offender treatment participant is not
consistently demonstrating use of the tools and concepts learned in treatment
and is not consistently demonstrating the application of interventions
necessary for full completion.
(g) “Correctional Offender Record Information
System (CORIS)” means the resident’s official electronic record.
(h) “Cycle of offending” means
an individual model which graphically demonstrates early antecedents in a
person’s sexual offending behavior.
(i) “Department” means the department of
corrections.
(j)
"Emergency" means the physical or behavioral status of a
resident that, if not treated promptly, will likely result in substantial harm
to the resident or others.
(k) “Facility” means
New Hampshire state prison for men, New Hampshire correctional facility for
women, northern New Hampshire correctional facility, the residential treatment
unit, and the SPU.
(l) “Female sexual offender
treatment services” means treatment for females that have sexually related
charges unique to the needs and differing typologies of the female offender.
(m) “Individual” means a
person receiving services from a facility.
(n) “Individual treatment plan (ITP)”
means a documented plan that describes the resident’s condition and procedures
that will be needed, detailing the treatment to be provided, expected outcomes,
and expected duration of the treatment outlined by the treating clinician and
with the resident’s feedback.
(o) “Informed decision” means a choice made
voluntarily by an individual or applicant for services or, where appropriate, such person's legal guardian, or
durable power of attorney after all relevant information necessary to making the
choice has been provided, when:
(1) The person understands that he or she is free to choose or refuse
any available alternative;
(2) The person clearly indicates or expresses his or her choice; and
(3) The choice is free from all coercion.
(p) "Involuntary admission"
means admission to the secure psychiatric unit pursuant to RSA 623:1.
(q) "Lack of capacity" means the
inability of a person, after efforts have been made to explain the nature, effects,
and risks of the proposed
treatment and alternatives to the proposed treatment, to engage in a rational
decision-making process regarding the proposed treatment as evidenced by his or
her inability to weigh the nature, purpose, risks, and benefits of the proposed
treatment and any available alternatives and the likely consequences of
refusing treatment.
(r) “Licensed provider”
means a provider licensed in the state of New Hampshire.
(s) “Maintenance contract” means a document
created by residents in the sexual offender treatment programs to mitigate sexual re-offending. This is an agreement that is
a work in progress during treatment and residents leave with a contract. This
document includes the resident’s triggers, and his or her abilities to change
thinking patterns, and ideas to keep him or her free from reoffending.
(t) "Medical emergency"
means a physical condition of a patient which, if not treated, will result in
an immediate, substantial, and progressive deterioration of a serious physical
illness or injury.
(u) “Nursing staff”
means a registered or licensed practical nurse or other care provider working
under the direct supervision of a registered nurse.
(v) “Patient” means a person involuntarily admitted
to the SPU by order of a probate court pursuant to RSA 623:1, or any other person
admitted to the SPU.
(w) “Personal safety
emergency” means a physical status, a behavioral status, or an act or pattern
of behavior of an individual which, if not treated immediately, will result in serious
physical harm to the individual or others.
(x) “Physician” means a
medical doctor licensed in the state of New Hampshire who is employed by, consultant
to, or otherwise under contract with the department.
(y) "Psychiatric
emergency" means a condition of a patient, resulting from psychiatric illness,
which, if not treated promptly, likely will result in either:
(1) Imminent danger of harm to the patient or others as evidenced by:
a. Symptoms that in the past have immediately
preceded acts of harm to self or others; or
b. A recent overt act including,
but not limited to, an assault or self-injurious behavior when the likelihood
of preventing such harm would be substantially diminished if treatment is
delayed; or
(2) Deterioration of
the patient's psychiatric status from his or her usual behavioral status as manifested
by exacerbation of psychiatric
symptoms that potentially endanger self or others, or lead to severe self-neglect,
or lead to a failure to function in a less restrictive environment when the
likelihood of stabilizing and reversing such deterioration would be
substantially diminished if treatment is delayed.
(z) “Resident” means any person housed in a department
facility, work center, or transitional housing unit.
(aa) “Restraint” means a mechanical device, drug,
or medication when it:
(1) Is used as a restriction to manage an individual’s behavior or
restrict the individual’s freedom of movement;
(2) Is not a standard
treatment or dosage for the individual’s condition, in order to modify a individual’s interaction with others
to achieve the highest level of function; or
(3) Any manual
method, physical or mechanical device, material, or equipment that immobilizes
an individual or
reduces the ability of an individual to move his or her arms, legs, head, or
other body parts freely but does not include devices, such as orthopedically
prescribed devices, surgical dressings or bandages, protective helmets, or
other methods that involve the physical holding of an individual, if necessary,
for the purpose of permitting the individual to participate in activities
without the risk of physical harm.
(ab) “Safety booth” means an enclosure a resident
is placed in, that allows the resident who is known to be assaultive towards others
to have interpersonal interactions with other residents and to participate in
group gatherings that include, but are not
limited to, group therapy and educational classes.
(ac) “Seclusion” means the involuntary confinement
of an individual who is 18 or older who:
(1) Is placed alone
in a room or area from which the individual is physically prevented, by lock or
person, from leaving; and
(2) Cannot or will not make an informed decision to agree to such
confinement.
(ad) “Steering
committee” means a group of participants that steers the direction of a unit or
program. The committee works on projects such as the contract, agenda for
monthly unit meeting and is the voice of the unit.
(ae) “Sexual
offender treatment services (SOTS)” means treatment specifically established to
create accountability and eliminate any further sexual victimization and sexually
deviant behaviors.
(af) “Training” means
provision of education to staff, based on the specific needs of the individual
population, resulting in demonstrated knowledge and documented competency.
(ag) “Treatment” means medical or psychiatric care,
excluding seclusion or restraint, provided by a physician, a person acting
under the direction of a physician, or a clinician in accordance with generally
accepted clinical and professional standards.
(ah) “Treatment team”
means all the disciplines participating in the implementation and oversight of
the individual treatment plan.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19; ss by #12888, eff 9-28-19
PART Cor 502 STANDARDS OF CARE
Cor 502.01 Health,
and Medical Care in Departmental Facilities.
(a) Medical care shall be provided to residents at
each departmental facility. Medical care
shall include services providing for the person’s physical and behavioral well-being
as well as treatment for specific diseases or infirmities.
(b) A physician licensed in New Hampshire by the board
of medicine shall be designated the chief medical officer and shall be responsible
for medical services and work cooperatively with the psychiatric medical doctor
ensuring the provision of comprehensive healthcare.
(c) Residents arriving at a departmental facility
shall receive a comprehensive medical examination within 14 days of arrival directed
to the discovery of physical and behavioral health illness.
(d) Medical examinations shall include:
(1) Medical and behavioral health history;
(2) A physical examination;
(3) A dental examination;
(4) Diagnostic lab tests;
(5) Notation of apparent medical physical illnesses
or accessibility issues;
(6) A determination of the physical ability of each
resident for work; and
(7) A notation of referrals or recommended treatment
for specific illnesses or accessibility issues.
(e) Based on the history and examination, a licensed
medical provider shall prescribe any necessary treatment including referral or therapy.
(f) All medical services shall be performed by medical
staff licensed in the State of New Hampshire under the general supervision of a
licensed physician.
(g) The department shall include appropriately licensed
medical staff to assure residents have full-time access to medical care. Medical care shall include provisions for the
transfer of sick or injured residents to medical facilities as deemed medically
necessary. Medical facilities shall include
prison infirmaries and referrals to outside medical specialists, other licensed
health care facilities, accredited hospitals, and the SPU.
(h) Medication shall be prescribed only by properly
licensed physicians, physician assistants, or APRN providers. Such medications shall only be dispensed under
the supervision of licensed pharmacists.
(i) Medications appropriately
prescribed and dispensed as described above shall be administered in one of these
methods:
(1) Self-administered by individuals;
(2) Self-administered by individuals under direct
staff supervision; or
(3) Administered by medical staff.
(j) Medical records shall contain documentation concerning
healthcare related encounters including, but not limited to, medical and behavioral
health assessment and examinations, healthcare findings, and treatments.
(k) A routine sick call policy shall be established
for each facility. Each resident shall be
given an opportunity to request to report to sick call. When routine sick call is unavailable, or the
resident is unable to personally transmit their medical concerns, corrections officers
and other staff members shall transmit concerns to medical authorities. No one shall prevent residents from seeking medical
help. Residents who, because of their custody
or other status, are not able to visit the health services center to seek medical
care on the schedule established, shall be visited in their cell or other convenient
place by a medical professional who shall conduct an examination or perform any
medical procedures as necessary. Documentation
of medical concerns expressed and addressed shall be completed in the electronic
health record.
(l) Medical personnel shall have available portable
screens or other devices to insure adequate privacy during medical examinations
and treatment. The medical services in-patient
areas shall have a call system so that residents can summon medical help when they
are confined in that facility. Nursing stations
shall be so located that nurses can monitor the condition of the residents.
(m) Residents requiring monitoring shall be monitored
by a trained individual. Residents housed
in segregation or any other restricted status that prevents them from visiting sick
call at the medical facility shall be visited at least once a day by a member of
the medical staff. The chief medical officer
shall report to the chief administrator of the facility or designee and the director
of medical and forensic services or designee whenever the physical or behavioral
health of a resident will be adversely affected by continued segregation or by any
condition of confinement.
(n) The department shall ensure that there are written
policies which detail the operations and procedures of departmental medical facilities,
medical care, medical services, and medical treatment, and that they are reviewed
at least 2 times each year, kept current, and followed.
Source. (See Revision Note at chapter heading for Cor 500)
#12793, eff 5-25-19
Cor 502.02 Emergency Response to a Psychiatric Emergency.
(a)
As soon as possible after a suspected psychiatric incident, the treatment
staff of the facility and the resident shall develop a crisis plan to:
(1) Identify the resident’s preferred response to
a psychiatric emergency situation in order to avoid more restrictive interventions;
(2) Identify the resident’s history of physical, sexual,
or emotional trauma, if any; and
(3) Minimize the possibility of involuntary emergency
measures.
(b)
Involuntary emergency treatment, seclusion, or restraint in a facility shall
not be implemented unless a physician or APRN determines that a personal safety
emergency exists.
(c)
A physician or APRN shall authorize involuntary emergency treatment, seclusion,
or restraint without consent of the resident only following personal examination
or observation, except as provided in Cor 502.03 or Cor 502.04.
(d)
No involuntary emergency treatment shall be administered pursuant to Cor
502 unless it is to take effect within 24 hours and is expected to alleviate or
ameliorate the status or condition which has caused the emergency.
(e)
The emergency response that is administered pursuant to Cor 502 shall be
an intervention that:
(1) Is expected to be effective;
(2) Considers whether any of the following factors
regarding the resident’s condition would require special accommodation to ensure
necessary communication and the individual’s safety:
a. Medical factors;
b. Psychological factors; and
c. Physical factors, including:
1. Blindness or other limitations of sight;
2. Deafness or other limitations of hearing; and
3. Any other physical limitation that would require
special accommodation;
(3) Is the least restrictive of the resident’s freedom
of movement; and
(4) Gives consideration to
the resident’s preferred response to a psychiatric emergency situation.
(f) Involuntary emergency treatment, seclusion,
or restraint ordered following a personal safety emergency shall be authorized for
no more than is necessary, but in no case for more than 24 hours.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 502.03 Medical Use of Restraints.
(a)
An emergency response shall include use of restraints only to the extent
authorized by this section
(b)
Restraints shall:
(1) Not be imposed longer than is necessary to resolve
a personal safety emergency regardless of the length of the time identified in the
order; and
(2) Not exceed 2 hours unless there is documented
authorization by a physician or APRN.
(c)
Restraints shall be used only as a last resort when no other intervention
in an emergency situation is feasible to protect the immediate
safety of the resident or others.
(d)
Restraints shall never be used explicitly or implicitly as punishment for
the behavior of the resident.
(e)
Residents in restraints shall be afforded privacy through practices including:
(1) The use of a single room;
(2) Minimizing external stimuli such as noise, nearby
movement, and approaches by other residents; and
(3) Continuous staff observation to assure the conditions
in (2) above are met.
(f)
Authorization for the use of restraints shall be as follows:
(1) A physician or APRN may write an order for the
use of restraints; or
(2) A physician or APRN may authorize the use of restraints
via telephone when the order:
a. Follows deliberate and comprehensive consultation
between the physician or APRN and a trained APRN or registered nurse (RN) who has
personally evaluated the resident by reviewing:
1. The assessments of the resident that have been
performed;
2. The safety issues involved; and
3. The potential antecedents to the restraint(s);
b. Is for a period not to exceed 2 hours; and
c. Is countersigned by the ordering physician or APRN within 24
hours of the time such treatment was ordered.
(g)
A physician or APRN may authorize in writing, or verbally by telephone, the
extension of an order of restraint(s) if he or she, or a trained APRN or registered
nurse (RN), has personally examined, observed, and assessed the resident for whom
the seclusion or restraint is ordered.
(h)
Following an examination and assessment as required by (g) above such authorization
shall expire unless it is renewed by telephone order for an additional 4 hours. Any further extensions of restraints shall require
a personal examination or observation by a physician or APRN.
(i) If the condition of the resident does not improve
to meet the criteria for termination, the physician or APRN may renew the order
as specified in (h) above, provided that no resident shall remain in restraints
for more than 24 hours from the time such procedure was initiated unless a physician
or APRN personally examines, observes, and assesses the resident and renews the
order in writing.
(j)
Staff shall continually monitor the individual during periods of restraint
to ensure that:
(1) In the judgment of the staff, all reasonable measures
are in place to ensure that the resident’s health and
safety is protected during the period of restraint;
(2) The resident receives meals and regular opportunities
to move and to utilize the bathroom;
(3) All other basic physiological needs are identified
and met; and
(4) The restraint is discontinued as soon as the resident’s
status or condition has improved to the extent that a personal safety emergency
no longer exists, regardless of the length of time identified in the order.
(k)
Only during incidents requiring immediate action shall restraints be utilized
without the authorization of a physician or APRN.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 502.04 Emergency Medication and Other Emergency Treatment.
(a) A physician or APRN in a facility shall prescribe
medication as a form of emergency treatment, to be administered without the resident’s
consent at the time a personal safety emergency is declared. Such authorization shall be countersigned by the
ordering physician or APRN within 24 hours of the order for involuntary administration
of the medication.
(b)
When emergency medication is ordered, the resident shall be offered, whenever
feasible, a choice of taking the medication orally or by injection.
(c) Psychosurgery, electroconvulsive therapy, sterilization,
or experimental treatment of any kind shall not be used as involuntary emergency
treatment.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 502.05 Review and Documentation of Emergency Response.
(a)
At the time that any emergency treatment, seclusion, or restraint is administered
in a facility pursuant to Cor 502.03, the physician or APRN administering or directing
such treatment, or a person acting under his or her direction, shall promptly record
the circumstances pertaining to the personal safety emergency.
(b)
The person completing a record pursuant to (a) above shall include the following:
(1) The resident’s name;
(2) The date and time when the report is completed;
(3) The physician or APRN’s name;
(4) A description of the resident’s physical or behavioral
status and the act or pattern of behavior which constitutes the emergency;
(5) The names of any witnesses other than the resident;
(6) A description of any alternatives attempted or
considered prior to declaring a personal safety emergency;
(7) Any treatment limitations;
(8) A description of the specific emergency treatment,
seclusion, or restraint ordered; and
(9) The physician’s or APRN’s signature.
(c)
As soon as possible following an involuntary emergency treatment, seclusion,
or restraint, facility medical or nursing staff, or both, shall document the incident
in the resident’s medical record.
(d)
As soon as possible following the resolution of the emergency
situation, medical staff shall:
(1) Address any physical injuries or trauma that might
have occurred as a result of the episode;
(2) Hold and document a discussion with the resident
to:
a. Review the circumstances that led up to the emergency
with the resident involved;
b. Ascertain the resident’s willingness or desire
to involve his or her clinician in a debriefing to discuss and clarify their perceptions
about the episode and to identify additional alternatives or treatment plan modifications;
c. Hear and document the resident’s perspective of
the episode;
d. Discuss
and clarify any possible misperceptions the resident or staff might have concerning the incident;
e. Identify with the resident any environmental changes
or alternative interventions to reduce the potential for additional episodes; and
f. Ascertain whether the resident’s rights and physical
well-being were addressed during the episode and advise the resident of the process
to address perceived rights grievances; and
(3) Support the individual’s re-entry into his or
her assigned housing.
(e)
Within one business day, the individual’s clinician shall, after discussion
with the resident, modify the treatment plan as needed through a treatment team
review including areas noted in (d)(1)-(3) above and seek an informed decision on
that plan by the resident.
(f)
A review of the clinical appropriateness of the use of seclusion or restraint
shall be conducted:
(1) As authorized by the facility’s psychiatric medical
director;
(2) On the next business day following a personal
safety emergency;
(3) To assess compliance with the requirements of Cor
503.02;
(4) To consider and take any action needed to prevent
the recurrence of the same or similar personal safety emergencies; and
(5) By the facility’s
chief of security.
Source. (See Revision Note at chapter heading for Cor 500)
#12793, eff 5-25-19
Cor
502.06 Notice of Right to Appeal.
(a)
On the business day following administration of emergency treatment seclusion
or restraint under Cor 502, the resident’s clinician or another staff member designated
by the facility shall provide notice to the resident or his or her guardian of the
resident’s right to complain against, and appeal, the administration of emergency
treatment.
(b) Appeals on the final decision shall be forwarded,
in writing, to the director of medical and forensics. An exception shall be that the appeals may be
filed verbally if the resident is unable to convey the appeal in writing.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 502.07
Involuntary Emergency Medical Treatment.
(a) The department shall maintain the general health
and well-being of residents. Resident’s whose
medical condition requires, in the opinion of the departmental physician, physician’s
assistant, or APRN, expeditious emergency medical treatment to prevent death, substantial
worsening illness or injury, contagion or infection of others, or harm to self or
others shall be treated in the least intrusive manner as prescribed by the licensed
provider, even over the objection of the resident, pursuant to RSA 627:6, VII (b).
(b) In the case of an incompetent resident, pursuant
to RSA 627:6, VII(b), emergency treatment shall be administered when the physician,
physician’s assistant. or APRN licensed provider
reasonably believes that a reasonable person concerned for the welfare of the resident
would consent. Legally responsible persons
shall be notified before the proposed treatment, if possible, but in no event later
than 24 hours after the administration of such treatment.
(c) Involuntary emergency treatment, seclusion, or restraint in a facility
shall not be implemented unless a licensed provider determines that a personal safety emergency exists. Involuntary emergency
medical and psychiatric treatment shall be administered by a licensed provider only
upon personal examination or observation prior to the decision to administer such
treatment, except in situations where emergency physical or mechanical restraint
or seclusion is necessary as described in (k) below.
(d) Involuntary emergency medical treatment, pursuant
to RSA 627:6, VII (b) shall be limited to the extent that:
(1) The authorization by the departmental licensed
provider to impose involuntary treatment issued pursuant to Cor 502.07 shall last
for not longer than 72-hours unless the licensed provider issues a new 72-hour authorization;
(2) No treatment shall be administered pursuant to
Cor 502.07 which is not reasonably expected to alleviate or ameliorate the condition
which has caused the need for said involuntary treatment; and
(3) The treatment that is administered shall be a
form of treatment that is the least restrictive effective treatment.
(e) When any emergency treatment is administered pursuant
to Cor 502.07 the physician or APRN administering or directing such treatment shall
record in the resident’s health record the specific reasons
that such involuntary treatment is necessary.
(f) The provider’s emergency response shall be an
intervention that:
(1) Is expected to be effective;
(2) Considers whether any of the following factors
regarding the resident’s condition would require special accommodation to ensure
necessary communication and the resident’s safety:
a. Medical factors;
b. Psychological factors; and
c. Physical factors, including:
1. Blindness or other limitations of sight;
2. Deafness or other limitations of hearing; and
3. Any other physical limitation that would require special accommodation;
(3) Is the least restrictive of the resident’s freedom
of movement; and
(4) Gives consideration to
the resident’s preferred response to a psychiatric emergency situation.
(g) Documentation pursuant to (e) above shall be distributed
as follows:
(1) The original of the physician’s,
or APRN’s note regarding the involuntary treatment shall be retained in the resident’s
medical health record; and
(2) A copy shall be promptly transmitted to the psychiatric
medical director or designee to keep him or her informed of residents receiving
treatment pursuant to Cor 502.07.
(h) A resident or legally responsible person may complain
against and appeal the administration of involuntary treatment pursuant to Cor 502.07
in accordance with the departmental grievance procedure pursuant to Cor 313. The commissioner shall act on the appeal within
48 hours after securing additional advice and expertise from healthcare professionals.
(i) Each instance of involuntary emergency treatment shall require
an administrative review conducted by the director of medical and forensic services
or designee which shall review the treatment and circumstances and make recommendations
to the commissioner.
(j) Departmental employees shall use the minimal amount
of force and restraint necessary to prevent serious bodily harm to the resident
or others.
(k) All such interventions shall be limited to the
extent that:
(1) Any such intervention shall be imposed for a period
no longer
than is necessary to resolve a personal safety emergency regardless
of the length of the time identified in the order;
(2) Interventions emergently imposed by licensed nursing staff may not exceed
one hour until a physician, or APRN can be consulted
to determine if continued authorization of emergency treatment is necessary; and
(3) Authorization for the use of seclusion or restraint shall be
pursuant to Cor 502.07 (f).
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 502.08
Involuntary Non-Emergency Medical Treatment. Except as provided in Cor 502.07 and 504.04, medical
treatment shall be administered only with the consent of the resident or the resident’s duly appointed legal guardian. In the event a resident is legally incapacitated,
as defined in RSA 464-A:2, XI, to consent to medical treatment which, in the opinion
of the departmental physician, or APRN, would tend to promote the physical or behavioral
health of the resident, and the resident does not have a legal guardian, the director
of medical and forensic services shall consult with and refer the matter to the
department of justice who shall petition the appropriate court for the appointment
of a guardian or guardian ad litem pursuant to RSA 464-A.
Source. (See Revision Note at chapter heading for Cor 500)
#12793, eff 5-25-19
Cor 502.09 Training.
(a)
At a minimum, facilities shall provide training at the following intervals
to all staff who will be involved in the use of any type of restraint or seclusion:
(1) During initial academy training; and
(2) During annual training.
(b)
Staff shall not perform any action relative to restraint or seclusion without
having been trained in the use of such methods, in accordance with (c) and (d) below.
(c) Training in the use of restraint shall address
at least the following:
(1) Techniques to identify behaviors, events, and
environmental factors regarding resident and staff that might trigger circumstances
that require restraint or seclusion;
(2) Use of non-physical interventions;
(3) How to identify and choose positive behavioral
supports and the least restrictive intervention based on an individualized assessment
of the resident’s medical or behavioral status or condition;
(4) How to ensure that the resident and staff are able
to communicate effectively;
(5) Safe application and use of all types of restraint
or seclusion, including mitigating positional risks that can result in asphyxia
or airway obstruction, in accordance with resident needs;
(6) How to monitor the physical and psychological
well-being of the resident who is restrained or secluded;
(7) How to recognize and respond to signs of physical
and psychological distress;
(8) How to identify clinical changes that indicate
that restraint or seclusion is no longer necessary;
(9) How to monitor respiratory and circulatory status,
skin integrity, and vital signs during restraint; and
(10) Training in first aid techniques and certification
in cardiopulmonary resuscitation (CPR), including CPR recertification every 2 years.
(d)
Training shall be given by a person who:
(1) Possesses the requisite qualifications based upon
education, training, experience, and certification to teach the assessment of, and
response to, a resident’s medical or behavioral status or condition;
(2) Is certified by a nationally recognized program
as an instructor in CPR; and
(3) Is trained
in crisis prevention utilizing a nationally recognized program or comparable curriculum.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 502.10 Reporting of Death.
(a)
In accordance with Patient Rights 42 CFR 482.13(g)(1)i
and the Protection and Advocacy for Mentally Ill Individuals Act (PAIMI Act), 42
U.S.C. § 10801-10851, facility staff shall make a telephone report to the CMS regional
office, no later than the close of the next business day and to the state protection
and advocacy agency within 7 days following knowledge of a resident’s death that:
(1) Occurs while a resident is in restraint or in
seclusion at the facility;
(2) Occurs within 24 hours after the resident has
been removed from restraint or seclusion; and
(3) Occurs within one week after restraint or seclusion
where it is reasonable to assume that the use of restraint or placement in seclusion
contributed directly or indirectly to the resident’s death including, at a minimum:
a. Death related to restrictions of movement for
prolonged periods of time; and
b. Death related to chest compression, restriction
of breathing, or asphyxiation.
(b)
Staff shall document in the resident’s medical record the date and time the
death was reported.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 502.11 Use of Safety Booths.
(a) Safety booths shall only be utilized for, but
not limited to:
(1) Assessments;
(2) Evaluations;
(3) Interviews;
(4) Group therapy;
(5) Education classes; and
(6) Hearings.
(b)
Safety booths shall be used only for residents residing in the special
housing unit of the NH state prison for men, or residents of the secure
psychiatric unit.
(c)
Use of safety booths shall be voluntary.
(d) Safety booth sessions shall not exceed 2 hours.
(e)
Safety booth use shall not exceed 3 sessions per day.
(f)
Residents utilizing a safety booth shall not be restrained in any other
manner.
(g)
Safety booths shall not be used for punishment.
(h) Residents using a safety booth shall not be
unaccompanied in the room for a length of time exceeding five minutes.
Source. #12889, eff 9-28-19
Cor 502.12 Resident Interaction Prohibited.
(a)
Except in exigent circumstances, which shall include, but not be limited
to, emergency evacuation of the housing area, residents of the SPU shall not be
in physical proximity with other residents of the SPU that are of the biological
opposite sex.
(b)
Residents shall be under staff supervision at all
times when out of their living unit.
Source. #12890, eff 9-28-19
PART Cor 503
MEDICAL AND PSYCHIATRIC EMERGENCIES
Cor 503.01 Guardianship. During the course of
the authorized treatment period, SPU staff shall assess the resident’s need for
the appointment of a guardian and take actions consistent with RSA 464-A and RSA
547-B.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 503.02 Treatment Limitations. The authorization to provide emergency treatment
to the resident shall immediately expire if a guardian over the person of the resident
with authority to make treatment decisions is appointed during the period of emergency
treatment authorized.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
PART Cor 504 STANDARDS
FOR TREATMENT AT THE SECURE PSYCHIATRIC UNIT
Cor 504.01
Administration.
(a) The administrator of the SPU, in collaboration
with an American Board of Psychology and Neurology, Inc. or equivalent board-certified
or board-eligible psychiatrist licensed in New Hampshire, under the administrative
supervision of the commissioner or designee, shall be jointly responsible for the
provision, supervision, and administration of the medical and psychiatric services
of the department and the SPU.
(b) A psychiatrist who is a licensed physician in
New Hampshire, who shall be board-certified or who shall by virtue of education
and training be board-eligible, shall provide psychiatric
services under the supervision of the administrator of the SPU.
(c) A non-medical administrator shall oversee the
implementation of programs and services at the unit.
(d) There shall be on staff a psychiatrist, licensed
and board certified in New Hampshire.
(e) There shall be on staff an advanced practice registered
nurse (APRN).
(f) Nursing and security coverage shall be provided
24 hours a day.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.02
Secure Psychiatric Unit Resident Management.
(a) SPU residents shall be those who are so classified
pursuant to RSA 622:40-48, RSA 171-B:2, RSA 135:17-a, I and II, RSA 135-C:34, RSA
651:8-b, RSA 651:9-a, RSA 651:11-a, RSA 623:1, or RSA 135-E:4 and RSA 135-E:11 and
are committed or transferred to an environment which provides for the safety and
security of the public, the staff, and those committed.
(b) SPU residents shall be under
supervision at all times when not in their rooms.
(c) SPU residents, when outside the boundaries of
the SPU, shall be supervised to ensure the safety and security of the public, the
staff, and the residents.
(d) Residents whose behavior and mental condition
permit shall be fed in a communal dining area.
(e) If a resident is disruptive, assaultive, violent,
or dangerous within the constraints of the secure psychiatric unit and has demonstrated
a propensity to throw his or her food or to use utensils as weapons, he or she shall
be denied the utensils and wholesome and nutritious sandwiches
or finger food shall be substituted for the regular
food.
(f) SPU residents whose behavior and mental condition
permit shall have in their possession in their rooms appropriate allowable property
as detailed in the SPU handbook.
(g) The SPU shall be a 24-hour forensic treatment facility and the residents housed within shall
be provided with the services of a psychiatrist, advanced registered nurse practitioner,
or an on-call physician, and 24-hour nursing coverage.
(h) Therapeutic recreational opportunities shall be
offered to SPU residents if clinically indicated;
(i) SPU residents shall
be provided the opportunity for religious counseling by ministers, priests, rabbis,
or other religious representatives of organized faiths
on a regular basis.
(j) SPU residents shall be provided the opportunity
to participate in educational and vocational programs as clinically able.
(k) SPU residents
shall have the opportunity to work when their level of functioning permits, consistent
with security.
(l) SPU residents
shall be provided access to law library materials and access to regular library
materials. Books being transferred into the
SPU shall be carefully searched to preclude the introduction of contraband through
library materials.
(m) Property taken from a resident shall be accounted
for by the SPU property officer. A receipt
shall be made for any property removed from the possession of any resident, and
the resident shall be furnished a copy of the receipt.
(n) SPU residents
shall be provided a weekly opportunity to list items they desire from the canteen.
A list shall be provided to residents reflecting the items available to
them from the canteen. If a resident has
the money to pay for the items listed by that resident, and subject to a security
screening of the items, they shall be picked up by staff and delivered to the resident.
(o) SPU residents
using the day rooms shall be afforded use of tablets for making pre-paid
calls.
(p) SPU residents
shall be afforded the opportunity to consult with their attorneys.
(q) SPU residents not under visiting restriction shall be allowed social visits to be conducted
during scheduled visiting hours in a supervised visiting area provided in the SPU.
(r) Residents admitted
to the SPU shall be photographed and fingerprinted for the purpose of positive identification.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.03
Medical Records. Notwithstanding the provisions of RSA 329:26,
RSA 329-B, and RSA 330-A:32, medical and behavioral health records concerning current
residents of the secure psychiatric unit shall be exchanged between other state
medical and mental health facilities to facilitate treatment pursuant to RSA 622:47.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.04
Commitment. Any person admitted or transferred to the unit
shall be under the care and custody of the commissioner and the administrator of
the SPU and shall be subject to the rules and policies of the commissioner until
the person is transferred to a receiving facility in the state mental health services
system or otherwise discharged.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.05 Rights of All Residents of the SPU. Persons committed or transferred to the unit who
are convicted offenders, persons found not guilty because of insanity, pre-trial
detainees, or persons civilly committed, shall retain all their individual rights,
subject to those restrictions that are inherent with
confinement within a secure forensic setting.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.06
Procedures for Commitment to the Secure
Psychiatric Unit.
(a) All persons committed or transferred to the unit
pursuant to RSA 171-B:2, RSA 135:17-a, RSA 135-C:34, RSA 135-E:4, RSA 135-E:11,
RSA 623:1, RSA 651:8-b, RSA 651:9-a, RSA 651:11, or RSA 651:11-a, as lawfully ordered
by the court of competent jurisdiction or the commissioner, shall be residents of
the SPU unless otherwise discharged pursuant to New Hampshire law.
(b) A person in the custody of the commissioner who
needs hospitalization for a behavioral health illness shall be transferred to the
SPU following a due process hearing pursuant to RSA 623:1 and Cor 403.10. If the
person requires immediate transfer, the due process review shall occur within 24
hours following the transfer.
(c) Any person subject to an involuntary admission
to the SPU shall be transferred to the SPU, per RSA 622:40-48, upon a determination
that the person would present a serious likelihood of danger to himself, or herself,
or to others if admitted to or retained at New Hampshire hospital.
(d) Admission to the SPU shall be ordered by:
(1) A probate court pursuant to the relevant sections
of RSA 135-C, RSA 171, or RSA 135-E;
(2) A criminal court order pursuant to the relevant
sections of RSA 651; or
(3) An emergency transfer pursuant to RSA 623.
(e) Except upon an order of court or in an emergency,
no admission or transfer to the SPU shall occur without the prior approval of the
commissioner or designee and the director of medical and forensic services or their
designees. The request for approval shall
be made in writing to the commissioner by the sending jurisdiction. The commissioner’s approval shall be based upon
the physician’s or APRN’s certification documenting the dangerousness of the person
to self or others. In such instances, if
the person to be admitted or transferred objects to the admission or transfer, he
or she shall request a review of the decision by the director of medical and forensic
services or their designee. The review shall
occur prior to the admission or transfer, or within 24 hours following the admission
or transfer where immediate admission or transfer has been determined necessary
by the physician or APRN to protect the person or others. If the director of medical and forensic services
upholds the objection of a person to be transferred, the transfer shall not be made. If the director of medical and forensic services
upholds the objection of a person already admitted or transferred, the person shall
promptly be transferred back to a receiving facility named by the director of medical
and forensic services.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.07
Due Process Hearing.
(a) Once it has been determined that a resident is
contesting the decision to move him or her to the SPU, as described above, the administrator
of medical and forensics, or his or her designee, shall appoint 3 individuals to
serve in the required positions needed to execute the due process hearing, as outlined
below:
(1) Independent decision maker, who shall make the
final determination whether the move is warranted and necessary;
(2) Offender advocate, who shall work with the resident
helping him or her prepare for the due process hearing, this may include contacting
community advocates, if requested by the resident, which may include but not be
limited to a disability rights representative, or a personal attorney. The offender advocate may also arrange for resident
requested witnesses to be present if appropriate; and
(3) Department advocate, who shall represent the department
and validate why this movement is necessary to ensure resident and staff safety.
(b)
The sending facility shall have completed this due process hearing prior
to movement of a resident barring exigent circumstances which shall include, but
not be limited to, emergency transfer of a resident to the SPU for emergency treatment,
in such cases the due process hearing shall be executed within 24 hours following
the transfer of the resident, if requested.
(c) The sending facility shall prepare the following
sections of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric
Unit for Behavioral Health Treatment Services Pursuant to RSA 623:1” form prior
to a due process hearing being held:
(1) The resident’s name;
(2) The sending facility name and address;
(3) The name and title of the staff person completing
the form;
(4) The name, date and time of the staff member who
provided the resident with written notice he or she is being considered for movement
to the SPU;
(5) The name of the staff member who supplied the resident
with a copy of resident rights;
(6) The criteria for admission which has been identified
necessitating the move to the SPU, as identified by circling the applicable option
on page 2;
(7) The recommendation made by medical staff initiating
the transfer; and
(8) The name and title
of the offender advocate, department advocate and the independent decision maker;
(d) At the completion of the due process hearing,
the independent decision maker shall supply the following on the form:
(1) His or her name
and position;
(2) His or her finding
of facts;
(3) Rulings; and
(4) The final decision
reached.
(e) If the independent decision maker, who was appointed
by the director of medical and forensics services or designee, concludes that the
resident presently meets the criteria for transfer, the warden or administrator
of medical and forensic services shall approve the transfer by signing and dating
page 5 of the “Transfer of a Person Under Departmental Control to the Secure Psychiatric
Unit for Behavioral Health Treatment Services pursuant to RSA 623:1” form.
(f) The correctional facility
administrator shall approve the transfer by signing section 5 of the “Transfer of
a Person Under Departmental Control to the Secure Psychiatric Unit for Behavioral
Health Treatment Services Pursuant to RSA 623:1” form
(g) The resident shall receive written notice of the
results of the due process hearing. The staff
member who serves a completed copy of the “Transfer of a Person Under Departmental
Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services
pursuant to RSA 623:1” form to the resident showing the decision of the independent
decision maker, shall certify the resident was served by providing in the witness
area the following information:
(1) The printed
name and title of the staff member providing the resident with the document;
(2) The signature
of the staff member who served the resident; and
(3) The date and
time the inmate received the documentation.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.08
Transfer of a Resident to the Secure Psychiatric
Unit for Behavioral Health Treatment Pursuant To RSA 623:1
Form.
(a) The administrator of behavioral health or designee
initiating a transfer to the SPU of a resident shall supply the following on the
“Transfer of a Person Under Departmental Control to the Secure Psychiatric Unit
for Behavioral Health Treatment Services Pursuant to RSA 623:1” form:
(1) The name of
the resident;
(2) Correctional
facility name;
(3) Address; and
(4) His or her name
and title.
(b) The transfer form shall contain a notice to the
resident that includes:
(1) A statement
that he or she is being considered for transfer to the SPU pursuant to RSA 623:
1 for the purpose of receiving behavioral health treatment;
(2) A list of the
criteria for admission to the SPU for behavioral health treatment services pursuant
to RSA 623:1;
(3) Definitions
of the terms “behavioral health illness” and “harm to himself, herself, or others”
for the provider’s certification; and
(4) A statement
that he or she has due process rights, which include the opportunity for a hearing.
(c) The licensed provider who examines the resident
shall supply the following on the transfer form:
(1) His or her name
and title;
(2) The name of
the resident recommended for transfer; and
(3) The date on
which he or she personally examined the resident.
(d) The licensed provider shall then:
(1) Sign and date
the form; and
(2) Certify by his
or her signature that in his or her opinion the criteria for transferring the resident
to the SPU have been met.
(e) A resident who agrees to be transferred to the
SPU shall sign and date a waiver of his or her right to a hearing.
(f) A resident who objects to being transferred to
the SPU shall sign and date page 3 of the “Transfer of a Person Under Departmental
Control to the Secure Psychiatric Unit for Behavioral Health Treatment Services
Pursuant to RSA 623:1” form to request a hearing.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.09 Procedures Upon Admission.
(a) Upon admission to the SPU, each resident shall
receive:
(1) A psychiatric examination to be completed by the
psychiatrist or APRN;
(2) A preliminary treatment plan, resulting from the
completion of the above documents by the psychiatrist or APRN;
(3) A physical examination to be completed by the
physician’s assistant or APRN within 24 hours of admission or on the next weekday
including diagnostic lab tests such as blood and urine;
(4) Nursing assessment; and
(5) Nutritional assessment.
(b) Upon admission to the SPU each resident’s transfer
paperwork shall be assessed to verify the completeness of the legal documents and
the validity of the admission.
(c) A preliminary oral examination shall be made during
the admission physical. Referral to a dentist
shall be made when necessary. On-going oral
hygiene shall be scheduled while the resident is admitted in the SPU. Additional
dental services shall be available at the request of the resident and accomplished
as determined necessary by the dentist.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.10
Individual Treatment Plans.
(a) Each resident admitted to the SPU shall have an
individualized treatment plan which shall be formulated by a multi-disciplinary
treatment team and authorized by a psychiatrist or APRN.
(b) The preliminary individualized treatment plan
shall be completed within 10 days after admission.
(c) Reviews of the preliminary individualized treatment
plan shall be completed 20 days after admission, 30 days after admission, every
other month thereafter, and quarterly after a year.
(d) A comprehensive clinical assessment shall be completed
within 10 days of admission.
(e) A therapeutic recreational assessment shall be
completed within 10 days following admission.
(f) Any other clinical assessments ordered by the
psychiatrist or APRN shall also be completed within the first 10 days of admission.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 504.11
Procedures for Release or Transfer from
the Secure Psychiatric Unit.
(a) When a person committed or transferred to the
unit no longer requires the security provided by the SPU, the commissioner shall
initiate his or her release or transfer, as follows:
(1) A person who was in pre-trial or post-trial confinement
when admitted to the unit shall be returned to the sending facility or other appropriate
facility; or
(2) The commissioner or his designee shall transfer
to the state mental health services system any person admitted or transferred to
the unit, pursuant to RSA 622:45, I, upon a determination that the person no longer
presents a serious likelihood of danger to himself or others if confined within
a receiving facility in the state mental health services system.
(b) A patient of the SPU pursuant to RSA 651:9-a shall
be eligible for transfer by the commissioner to the state mental health services
system provided:
(1) That in consultation with the resident’s treatment
team, a psychiatrist or APRN determines that the person presents a potentially serious
likelihood of danger to himself, herself, or others as a result of behavioral illness
but that the resident no longer requires the degree of safety and security as provided
by the SPU;
(2) That prior approval of the proposed transfer is
obtained from the superior court if the transfer is not already allowed in an existing court order; or
(3) The resident to be so transferred agrees to the
proposed transfer.
(c) If the resident does not desire to be transferred,
a review shall be held by a designee of the commissioner to ascertain the reasons
why the transfer is recommended and the resident’s reasons for objecting. The designee shall recommend to the commissioner
or designee whether the resident should be transferred and the circumstances relative
to the data presented at the review.
(d) The director of medical and forensic services
shall have complete access to the departmental medical and behavioral health records
of the proposed transferee.
(e) Pursuant to RSA 622:49, if the director of medical
and forensic services intends to grant off-grounds privileges to any person committed
to the unit by criminal proceedings and who has subsequently transferred to the
state mental health services system, the administrative director of medical and
forensic services shall give written notice of such intention to the commissioner. The commissioner shall give written notice of
the director of medical and forensic services’ intention to the superior court for
the county in which the resident was committed, to the department of justice, and
to the county attorney, if any, who prosecuted the case.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
PART Cor 505 BEHAVIORAL HEALTH SERVICES
Cor 505.01 Diagnosis, Counseling, and Therapy.
(a)
There shall be an outpatient behavioral health unit which shall provide for
the resident’s behavioral health needs as determined by completion of an initial
behavioral health interview and a biopsychosocial assessment which results in a
behavioral health diagnosis. Referrals for
such assessments may be via self-referral made by residents themselves or by any
departmental staff member. These referrals
shall be triaged accordingly, and for those cases requiring on-going behavioral
health treatment, a treatment plan shall be developed and filed in the resident’s
medical record.
(b)
The behavioral health unit shall be sufficiently staffed to include at a
minimum:
(1) A full-time New Hampshire licensed
administrative clinician who shall:
a. Oversee and supervise the testing operations and
determine what types of behavioral health interventions are needed;
b. Conduct staff training, triage referrals to the
behavioral health unit, and assist behavioral health staff with individual cases;
c. Provide individual and group counseling and supervise
the provision of such counseling by mental behavioral health clinicians; and
d. Review the behavioral health needs of the residents
and implement new treatment modalities as indicated;
(2) New Hampshire licensed psychiatric
providers who shall provide for the psychiatric needs of the residents and the secure
psychiatric unit including prescription of medications, coordination of care between
disciplines, and consultation with administration with regard
to behavioral health policy development; and
(3) Full-time clinical staff who,
at a minimum, shall be qualified under the state personnel system to include, without
being limited to, social workers or clinical mental health counselors.
(c)
The out-patient behavioral health unit shall provide at a minimum the following
services:
(1) Documentation and implementation
of a treatment plan;
(2) Psychiatric services;
(3) Medication management;
(4) Individual counseling pursuant to RSA 329-B;
(5) Group therapy sessions as appropriate;
and
(6) Such other specialized treatment
for individuals or groups of resident as needed.
(d)
Behavioral health services shall be available to all resident regardless
of their custody status.
(e) Residents who are transferred to the restricted
housing settings such as the special housing unit (SHU) shall be screened prior
to being placed in a cell. The behavioral
health unit shall conduct a suicide risk assessment and suitability review of the
resident’s placement. If the behavioral health
unit’s staff is not on-site, nursing staff shall conduct the assessment within health
services. All staff shall complete appropriate
clinical documentation recording the assessment and outcome of the assessment in
the resident’s health record. If the resident presents a risk as a result of the assessment, alternative housing arrangements
shall be made to secure the individual for their safety.
(f) Residents who are prescribed psychotropic medications
or are diagnosed with a severe mental illness (SMI) that are housed in the SHU shall
have clinical appointments scheduled at least every 14 business days that shall
include at a minimum the following:
(1) Status examination as follows:
a. Appearance;
b. Interaction;
c. Speech;
d. Mood/Affect;
e. Thought process;
f. Thought content;
g. Suicidality; and
h. Violence;
(2) A review of their medications and any reported
side-effects for triaging to psychiatric providers;
(3) A subjective statement of each resident’s current
emotional status;
(4) An assessment of diagnosis/es with reflection
of psychiatry’s perspective, if available in the health record;
(5) The treatment plan
shall be updated which shall include referral to a case manager, assignment to group
therapy, triage to medical staff, or other individual specific goals based on the
clinical appointment; and
(6) A monthly report of these clinical appointments
to track compliance to the 14-day standard and treatment plan development which
shall be reviewed by the director of medical and forensic services for compliance
to the standards.
(g) The department shall provide a psycho-social skill
development program in restricted housing settings at all facilities. Such programs will be provided in consultation
with the bureau of behavioral health. These
shall operate in quarterly cycles with at a minimum of 4 offerings a year for residents
referred in these settings by the behavioral health staff;
(h) The correctional staff assigned to restricted
housing settings shall be provided with specific training at a minimum of quarterly
on topics related to the treatment and supervision of individuals with behavioral
health issues; and
(i) The correctional staff assigned to restricted
housing settings shall conduct at minimum 30-minute rounds on individuals housed
in theses settings on psychotropic medications or diagnosed with a severe and persistent
mental illness.
(j) There shall be therapeutic communities as follows
for those residents:
(1) Who because of significant functional impairment
due to their documented behavioral illness are unable to successfully live in the
general population;
(2) Who are diagnosed with substance use disorders;
or
(3) Who are diagnosed with other behavioral health
disorders.
(k ) The therapeutic communities
shall be sufficiently staffed to include at a minimum:
(1) A full time administrator
who shall:
a. Oversee the clinicians
managing the therapeutic communities to ensure proper procedures are followed regarding
admission, treatment, and transition of residents;
b. Manage the process of evaluating and triaging those
residents’ referred for therapeutic communities services;
and
c. Supervise the collection of quality improvement
data and participate in the development of quality improvement benchmarks; and
(2) Clinical staff to meet the treatment needs of
those receiving treatment in the therapeutic communities including but not limited
to of recreational therapy, psychological services, special education, behavioral
health therapy, medical care, safety, and psychiatric interventions.
(l) Residents admitted to the therapeutic community
shall receive a complete evaluation of their psychiatric needs including at a minimum:
(1) A complete psychiatric evaluation;
(2) A comprehensive clinical assessment; and
(3) An assessment of skills required to successfully
navigate in their housing unit.
(m) Above mentioned assessments shall result in the
development of a master treatment plan that specifically addresses the individual’s
clinical needs.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 505.02 Sexual Offender Administration.
(a)
There shall be a sexual offender treatment services (SOTS) bureau which shall
provide for the treatment needs of residents who are incarcerated for sexually-related offenses, and which meets the following requirements:
(1) Presence of a full-time administrator who shall:
a. Oversee and supervise the assessment and treatment
of services for residents identified as in need of these services;
b. Review the sexual offender treatment needs of
the residents and implement treatment modalities as indicated;
c. Provide individual and group therapy and supervise
the provision of such services by other sexual offender treatment therapists; and
d. Conduct staff training and supervision; and
(2) Full-time clinical staff who at a minimum shall
be qualified under the state personnel system.
(b)
Residents convicted of sexual offenses who are willing to participate in
SOTS shall be provided with an initial screening assessment in
order to determine their treatment needs including:
(1) A complete comprehensive clinical assessment;
(2) A risk and needs assessment;
(3) A review of any special accommodations necessary
to participate in treatment such as language barriers, intellectual disability or accessibility issues; and
(4) A referral to any other services as indicated.
(c)
Residents shall be placed into the appropriate form of treatment services
or on the waiting list for appropriate services.
(d)
A determination of required services shall be provided to the resident.
(e)
The goals of SOTS shall include:
(1) Decreasing use of cognitive distortions or distorted
thinking patterns;
(2) Establishing and maintaining trusting, supportive,
and equitable intimate relationships;
(3) Increasing autonomy and self-sufficiency;
(4) Developing a positive self-concept;
(5) Increasing effective emotional management;
(6) Reducing self-destructive or self-injurious behaviors;
(7) Ensuring healthy sexual development, expression,
and boundaries;
(8) Developing open and honest communication;
(9) Developing the ability to appropriately express
thoughts, feelings, and wishes in a healthy manner;
(10) Becoming more aware of feelings and developing
appropriate coping mechanisms;
(11) Developing an understanding of the cycle of thoughts,
feelings, and behaviors that lead to offender relapse;
(12) Developing interventions to interrupt the cycle
of offender relapse;
(13) Increasing and improving pro-social skills;
(14) Developing improved self-esteem and healthier
relationship skills;
(15) Developing victim empathy;
(16) Demonstrating a consistent understanding and application
of treatment concepts in the management of a resident’s daily life;
(17) Self-disclosing entire sexual offending history
and verifying offense history by passing a polygraph or other validated technology;
(18) Identifying high-risk areas and intervention strategies;
(19) Developing a comprehensive,
workable maintenance contract that addresses appropriate identification of risks,
past unhealthy patterns of coping and appropriate interventions for the future;
and
(20) Referring the residents to appropriate ancillary
services as needed to ensure a systemic holistic approach to managing their sexual
offending behaviors.
(f) Referrals to sexual offender treatment services
shall be made through the initial classification process pursuant to Cor 400 and
on-going as needs are identified by departmental staff. Assessments shall be based on risk and needs assessment
and triaged into appropriate treatment services accordingly by qualified sexual
offender treatment staff;
(g) The SOTS unit shall at a minimum provide the following
services:
(1) Specific needs assessment to determine the specific
treatment needs of each resident as it relates to his or her sexual offender treatment;
(2) The development of an individualized treatment
plan specific to sexual offender treatment;
(3) Group and individual therapy sessions;
(4) Discharge planning;
(5) Coordination with other prison services and external
services as indicated by the resident’s specific sexual offender treatment needs;
and
(6) Treatment reviews of
services to ensure public safety and risk mitigation through the establishment of
an administrative review committee (ARC) as follows:
a. The ARC shall
review the outcome of sexual offender treatment services. The ARC shall provide oversight to ensure the
department is meeting its mission in preventing further victimization from sexually-related crimes;
b.
The purpose of the ARC shall be to ensure that each resident participating in the
department’s sexual offender treatment service has satisfactorily completed his
or her treatment goals as specified on their individualized treatment plan and outlined
by the clinician’s discharge summary proposal;
c. The person whose case is being reviewed shall
appear before the ARC unless the resident requests to be excused in writing. Residents who refuse to request to be excused
in writing shall not be subject to adverse conditions. The refusal shall be noted in the official record;
and
d. The ARC shall be comprised of administrators and
senior level clinicians from the division of medical and forensic services as assigned
by the director of medical and forensic services.
(h) SOTS shall be staffed by qualified behavioral health
professionals who meet the following 2 requirements:
(1) Educational and license or certification criteria
specified by their state licensing board; and
(2) Qualifications established by the New Hampshire
state division of personnel.
(i) Residents declining SOTS services shall be administered
a behavioral status examination to determine if any behavioral health needs exist. Any concerns that might impact the resident’s ability to make decisions due to a behavioral health
condition shall be referred to behavioral health services to develop a comprehensive
treatment plan with the goal to engage the resident into the appropriate sexual
offender treatment intervention. If a resident
refuses treatment recommendations, he or she shall sign a waiver of responsibility
indicating that he or she is refusing treatment and shall suffer no punishment by
the department for the refusal.
(j) If a resident is eligible for sentence reduction
by participating in the program, this shall be included in the calculation for his
or her minimum release date to allow the resident timely access to treatment. The resident shall make SOTS aware of the potential
for time off his or her sentence.
(k) An electronic health record shall be utilized
to document the treatment of a resident participating in SOTS.
(l) Participant assignments
shall be returned to the participant upon successful completion of treatment. No copies shall be maintained in the permanent
record unless they document violations of state law or intention to engage in criminal
acts requiring investigation.
(m) SOTS staff shall not maintain local treatment files.
(n) SOTS shall include but not be limited to:
(1) An initial screening evaluation for sexual offenders
to determine the level of treatment necessary;
(2) Ongoing assessment and progress reviews;
(3) Case management and coordination of ancillary
services to meet the specific needs of sexual offenders; and
(4) Gender responsive treatment
consistent with the empirical research related to sexual offenders.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 505.03 Assessment.
(a) All sexual offenders who have sexually related
charges or whose crime had a sexual element shall be offered an opportunity for
screening and assessment for SOTS.
(b) The initial assessment shall be an overall psychosocial
evaluation and sexual risk assessment evaluation to review the resident’s general
social history, the static and dynamic risk factors present, and the resident’s
overall motivation and appropriateness for SOTS.
(c) Assessments shall focus on, but not limited to:
(1) Low self-esteem;
(2) Self-injury or suicide attempts;
(3) Victimization during childhood and adulthood;
(4) Employment difficulties;
(5) Low educational attainment;
(6) Difficulties in intimate relationships;
(7) Anti-social peers and attitudes;
(8) Behavioral health difficulties; and
(9) Substance abuse.
(d) Residents identified during their initial classification
evaluation as being in need of sexual offender treatment
shall receive an additional assessment conducted by SOTS staff at least 3 years
prior to their minimum parole date. If a
resident is incarcerated with less than 2 years to his or her minimum parole date,
the individual shall be placed on the assessment waiting list according to their
minimum parole date and shall be seen as soon as their name comes up.
(e) SOTS staff shall utilize a nationally recognized
assessment tool for general recidivism use among general male offenders and their
criminal history.
(f) SOTS staff shall conduct a comprehensive psychological
profile of female residents and their criminal history. SOTS for women shall consist of open-ended treatment
length based on individualized treatment plans (ITPs).
(g) Upon completion of the assessment, the resident
shall be provided with the results and recommendations of the assessment including
the treatment in which he or she is being recommended to participate.
(h) SOTS shall utilize different forms of polygraph
or other validated technology for assessments.
(i) A polygraph or other validated truth or deception
technology shall be utilized in SOTS for the purpose of full disclosure of the resident’s
range of sexual behavior. A polygraph or
other truth or deception technology shall also be utilized as a therapeutic tool
in specific issues exams when it is determined to be clinically indicated to further
a resident’s treatment progress.
(j) All participants of SOTS shall undergo a full disclosure
polygraph to ascertain their full spectrum of sexual offender.
(k) If results of the polygraph indicate no deception,
the participant, shall continue in treatment with no delays.
(l) If results of the polygraph are deceptive or inconclusive,
the participant shall be offered another opportunity within the standards for timelines
of polygraph administration to obtain a truthful or no deception result. During the wait for the 2nd polygraph, the clinician
shall work with the participant to review any inconsistencies and explore their
distortions.
(m) If the second polygraph is inconclusive, the participant
shall continue in SOTS with the polygraph result highlighted in their summary of
completion.
(n) If the second polygraph exam indicates deception,
then the participant shall be reassessed and their treatment
plan adjusted accordingly.
(o) If the outcome of any polygraph or other validated
deception technology is inconclusive or deceptive, a resident shall be referred
for another polygraph or validated deception technology evaluation.
(p) The polygraph and other validated technology shall
be administered in a controlled setting and in collaboration with SOTS staff. The procedures shall be in accordance with the
Standards of Practice (2017) of the American Polygraph Association, http://www.polygraph.org/apa-bylaws-and-standards,
and the ethical standards and principles for use of physiological measurements and
polygraph examinations of the Association for the Treatment of Sexual Abusers (ATSA),
Professional Code of Ethics 2017, https://www.atsa.com/Public/Ethics/ATSA_2017_Code_of_Ethics.pdf and as noted in Appendix B.
(q) The evaluating clinician shall complete a record
review that shall include, but not be limited to, police records, victim statements,
criminal history, and any other clinical evaluations as available including but
not limited to behavioral health screening and substance abuse assessments as available.
(r) The clinician shall document in the electronic
health record and the electronic client record treatment recommendations for each
resident.
(s) The assessment shall be utilized to develop an
appropriate ITP.
(t) If a sexual offender declines the SOTS assessment,
it shall be noted that the resident is not interested in treatment and the assessment
has not been completed. The resident’s decision to decline treatment shall be documented
in the electronic health record and the CORIS. Residents shall sign a waiver of
responsibility showing that he or she are declining services at this time.
(u) If the sexual offender changes his or her decision
and makes a request for assessment, he or she shall be placed at the end of the
assessment waiting list at the time of his or her request and processed according
to that current list with no special consideration to their minimum parole date
due to their initial refusal of assessment and treatment.
(v) After evaluation of the resident’s need, the outcome
shall be sent to the resident in writing indicating the recommended treatment needs. A reclassification evaluation shall be conducted,
and the sexual offender shall be placed on the waiting list, if applicable, or placed
immediately into treatment if space permits.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 505.04 Treatment.
(a) The sexual offender treatment recommendations identified
by the department shall be:
(1) Community- based treatment;
(2) Prison-based Intensive Sexual Offender Services
(ISOTS); or
(3) No treatment.
(b)
Community based treatment shall include group therapy, both process oriented
and psycho-educational, journaling, workbook completion, homework assignments, and
other projects. Participants shall live in
the prison community and shall meaningfully participate in community and community
meetings.
(c)
ISOTS shall include group therapy, both process oriented and psycho-educational,
journaling, workbook completion, homework assignments, and other projects. The participants shall live together in a therapeutic
community.
(d)
The participant shall meet with their primary therapist upon entry into the
treatment service to review treatment expectation, sign a treatment contract and
confidentiality waiver, and review treatment rules.
(e)
An ITP shall be established with the participant.
(f) ITPs shall include at a minimum:
(1) The participant’s identifying information;
(2) Treatment needs;
(3) Goals and objectives; and
(4) Identification of any necessary ancillary services
to meet the specialized needs of each participant.
(g)
Prior to admission into SOTS, the resident shall begin attending recommended
behavioral health groups as part of his or her treatment plan.
(h)
The resident shall be referred for participation in groups such as:
(1) Cognitive behavior therapy;
(2) Coping skills;
(3) Dealing with trauma;
(4) Socialization;
(5) Victim empathy;
(6) Anger management; or
(7) Drug and alcohol treatment.
(i) All residents who enter the SOTS shall be administered
the Prison Rape Elimination Act (PREA) potential for sexual assault or sexual victimizing
screening instrument and housed accordingly.
(j)
SOTS therapeutic services shall be offered in accordance with an ITP. If
the resident is identified with any intellectual disabilities or requires medically
restricted housing, a modified ITP shall be established.
(k)
A resident with multiple treatment needs shall have a collaborative treatment
plan established inclusive of areas such as substance use, behavioral health, and
psychiatric needs.
(l)
SOTS staff shall be responsible for determining completion of goals and providing
feedback to the resident on how to better achieve goals.
(m)
Sexual offender treatment shall be documented in the electronic health record
using the progress note, group note, treatment plan, and discharge summary, including
such documents as:
(1) The assessment;
(2) Polygraph or other validated technologies; and
(3) Disclosure or administrative tools.
(n)
Treatment plans shall be updated at least every 6 months or when goals are
attained or require modifications based on the resident’s needs. Treatment plans shall also be updated when entering into the next phase of treatment.
(o)
SOTS shall utilize a holistic approach to treating sexual offenders that
includes a combination of cognitive behavioral therapy, psycho-educational components,
and the treatment of co-morbid conditions. Emphasis is placed on addressing trauma and its
impact on emotional, social, psychological and sexual adjustment.
(p)
Residents in SOTS shall participate in clinical therapeutic groups and psycho-educational
treatment aimed at the specific treatment needs addressed in their ITPs. In addition, residents shall participate in other
behavioral health treatment, substance abuse treatment, as designated in their ITPs. Residents shall also complete a number of different homework assignments, journaling assignments,
and projects during treatment.
(q)
In their core clinical therapeutic groups residents shall address key components
of his or her offenses and work on issues of accountability, responsibility, identifying
and challenging distorted thinking, identifying and coping
with feelings and inappropriate or maladaptive coping skills, developing a positive
self-concept, increasing effective emotional management and establishing and maintaining
trusting, supportive and equitable intimate relationships. Residents shall identify the patterns of behavior
that lead to their offending.
(r)
Caseloads shall be entered in the electronic client record for ongoing informational
sharing and awareness for re-entry planning.
The electronic client record shall also be used to document movement in SOTS
for purposes of case management. Clinicians
shall update this information, for instance when someone has transitioned out of
SOTs whether it be due to being removed or because he or she has been issued a discharge
summary.
(s)
Quarterly progress reviews shall be conducted with the participant and documented
on his or her treatment plan.
(t)
The primary therapist shall complete clinical progress notes for each participant
on the therapist’s caseload. Post treatment
encounters shall be documented in the electronic health record.
(u) All discharges from sexual offender
treatment services shall be documented by the primary clinician within 5 days of
program completion.
(v)
Community-based treatment shall be the recommendation for a resident upon
release to parole or other community-based supervision.
(w)
If an assessing clinician is recommending a resident for community–based
treatment following the assessment, the resident shall be referred for additional
screening as necessary to complete the assessment and recommendations. Once the assessing clinician determines that a
community treatment referral is warranted, this outcome shall be reviewed by the
administrator of SOTS and the deputy director of forensic services for thoroughness
and concurrence.
(x)
If the recommendation is approved, a treatment plan shall be developed for
participation in behavioral health groups to address any treatment needs of the
resident while waiting for release into community-based treatment services.
(y)
The resident shall also participate in continuing treatment until released. If at any time during continuing treatment a clinician
identifies a behavioral status change, acquires additional information with regard to the resident’s engaging in risky sexual behaviors,
or is provided additional collateral information which is a cause for concern, a
new assessment will be completed using gender validated tools as appropriate.
(z) All residents, who post an assessment
by a department clinician and which receives a recommendation
of community-based treatment shall with a SOTS clinician’s assistance establish
an appropriate individualized treatment plan.
If the resident fails a polygraph or shows deception, he or she shall be
placed in ISOT to receive more intense treatment.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 505.05 Program Completion.
(a)
When a program participant has met all program goals, he or she shall be
referred to the ARC by his or her SOTS therapist for case review.
(b)
The ARC shall:
(1) Meet at a minimum once a month to review cases.
The resident’s completed packet shall be
received by the ARC for review at least one week prior to the scheduled meeting;
(2) Ensure that each resident participating in the
SOTS has reached maximum benefit via completion of his or her goals as specified
on his or her ITP and outlined by the clinician’s discharge summary proposal;
(3) The SOTS therapist shall present the case, relating
the resident’s progress to his or her goals.
The therapist shall also provide information on any disciplinary action or
behaviors that resulted in the resident being removed from the program, if applicable. Included in the case presentation shall be a description
of the resident’s self-management plan for the community to include therapeutic,
vocational, educational and housing activities established for transition;
(4) If treatment is not deemed completed, the administrative
review committee shall provide recommendations to enhance attainment of treatment
goals to the clinician for implementation with the individual;
(5) Determine if the members of the ARC are in agreement
with whether a program participant has completed the program or needs further treatment
or assessment;
(6) The recommendations of the ARC shall be sent to
the parole board. The original Administrative
Review Committee Referral and Discharge Form (2019) shall be placed in the resident’s
electronic health record, electronic client record and a copy sent to the program
participant. Participants shall also receive
a copy of their discharge summary; and
(7) If treatment is not deemed completed, the ARC
shall provide recommendations to enhance attainment of treatment goals to the clinician
for implementation with the resident.
(c)
If the ARC members cannot reach an agreement pursuant to 2 above, the SOTS
administrator acting as chair of the committee shall make the final recommendation.
(d)
No resident shall be considered to have completed the SOTS if he or she have
not developed a comprehensive plan including a description of his or her offending
cycle, a maintenance contract, and actions to establish community treatment for
release.
(e)
Once treatment goals have been successfully completed and the resident has
an updated cycle of offending and maintenance contract, the SOTS therapist shall
make recommendations for the resident’s on-going treatment needs in a discharge
summary for use upon release to the community and by the adult parole board for
continuity of care and safety planning.
(f) A participant shall have successfully
completed the treatment when the participant has demonstrated the ability to apply,
both verbally and behaviorally, the skill sets and treatment
concepts instilled through treatment.
(g)
Completion without full application issues shall be adequately documented
in progress notes or through warnings or behavioral contracts.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 505.06 Removal and Re-Admittance.
(a)
An individual shall be removed from SOTS for:
(1) Disciplinary infractions related to sexual behaviors;
(2) Multiple instances of non-compliance with program
expectations;
(3) Repeatedly not engaging in treatment;
(4) Criminal behaviors; and
(5) Multiple instances of disrupting the treatment
milieu.
(b)
Termination from treatment shall be utilized as a last resort after all other
possible methods to correct behavior has been exhausted.
(c)
All potential removals occurring as a result of
founded disciplinary or criminal action as determined by security or investigations
shall be reviewed as a team with the SOTS administrator, unless emergent removal
is required. A meeting shall be offered to
the resident to outline reasons they are being considered for removal from treatment.
(d)
All removals shall be reviewed by the administrator of SOTS in conjunction
with the deputy director of forensic services within 5 calendar days of the removal.
(e)
The primary therapist shall notify a participant of any concerns regarding
quality of work, behavioral issues, non-compliance with treatment rules, and expectations,
and any other area in which the participant is failing to progress in treatment
or causing a major disruption to the successful treatment of other group members.
(f)
Notification of concern shall occur within 7 working days of identification
of the concern(s) as it relates to progress in treatment in order
to provide the participant the opportunity to improve in the area of concern
and to stay in treatment.
(g)
If a participant fails to complete one assignment, or
has one absence from any treatment group or meeting, the notification shall occur
within 7 days.
(h)
If the clinician, after providing written notification, continues to see
lack of improvement in the specified areas, then the clinician shall refer the participant
to the treatment team for further consideration such as:
(1) Development of a behavioral contract;
(2) Addendum to a behavioral contract; or
(3) Termination from the program.
(i) A plan for re-admittance shall be completed by
the resident and reviewed by the primary sexual offender clinician if submitted
within 30 calendar days of being removed.
A letter shall be sent to the resident who is removed from treatment, explaining
why he or she was removed and what he or she was needs to work on for consideration
of remittance.
(j)
Participants terminated from the program shall be allowed the opportunity
to request to re-enter treatment. The former
participant shall be eligible to request to return to treatment or placement on
the waiting list for previously terminated participants, if applicable, once they
have been out of treatment. This request
shall only place them on the waiting list and shall not guarantee an automatic entry
into treatment. Previously terminated participants
shall be taken back into treatment as space allows.
(k)
Residents who have previously completed SOTS or community treatment but who
have returned on a parole violation shall be assessed within 90 days to determine
treatment needs. A treatment plan shall be
developed as a result of the new assessment and documented
in the electronic health record.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
Cor 505.07 Conflicts of Interest. No employee shall engage in any activity, as an
employee of the department, on the behalf of a private provider, or as an employer
of a community provider, that services the offender population, as that shall be
a conflict of interest. An employee shall
disclose and report all potential conflict of interest situations to his or her
supervisor immediately.
Source. (See Revision Note at chapter heading for Cor
500) #12793, eff 5-25-19
CHAPTER Cor 600 RESIDENT CASE MANAGEMENT
PART Cor 601 PURPOSE
AND APPLICABILITY
Cor 601.01 Purpose. The purpose of
this chapter is to provide rules that establish the general framework for the
case management of residents.
Source. #12891, eff 9-28-19
Cor
601.02 Applicability. This rule shall apply to all NHDOC personnel
as well as residents, probationers, parolees, and the public.
Source. #12891, eff 9-28-19
PART Cor 602 DEFINITIONS
Cor 602.01 Definitions.
(a) “Family” means:
(1) Husband;
(2) Wife;
(3) Children, either natural, adoptive, or step;
(4) Mother, either natural, adoptive, or step;
(5) Father, either natural, adoptive, or step;
(6) Grandparents, either natural, adoptive, or step;
(7) Brothers, either natural, adoptive, or step;
(8) Sisters, either natural, adoptive, or step;
(9) Aunts;
(10) Uncles;
(11) Brother’s spouse;
(12) Sister’s spouse;
(13) Legal
civil union partners; and
(14) Grandchildren.
(b)
“Marriage” means pursuant to RSA 457:1-a, namely, “marriage” is the legally recognized union of 2 people. The term also includes “matrimony”.
(c)
“Spouse” means, pursuant to RSA 457:1-a, a party to marriage. The term
also includes “bride” and “groom’.
Source. #12891, eff 9-28-19
PART Cor 603 MARRIAGE
Cor 603.01 Resident Marriage.
(a)
Pursuant to RSA 457:1-a, any person who meets eligibility requirements
of RSA 457 may marry any other eligible person regardless of gender.
Source. #12891, eff 9-28-19
CHAPTER Cor 700 PHYSICAL PLANT
MANAGEMENT
REVISION
NOTE:
Document
#12892, effective 9-28-19, contained new Chapter Cor 700 titled “Physical Plant
Management” by adopting Part Cor 701 titled “purpose
and Applicability”, adopting Part Cor 702 titled “Definitions”, and readopting
with amendment and renumbering existing rules Cor 301.01, Cor 301.02, Cor
301.03, and Cor 301.04 as, respectively, Cor 703.01, Cor 703.02, Cor 704.01, and
Cor 703.03.
Document #12892 replaces all prior filings
for rules Cor 301.01 through Cor 301.04.
The prior filings affecting these and other rules in Chapter Cor 300 are
listed in Revision Note #1 and Revision Note #2 at the chapter heading for Chapter
Cor 300.
PART Cor 701 PURPOSE AND APPLICABILITY
Cor 701.01 Purpose. The purpose of this rule shall be to establish
procedures governing physical plant management for New Hampshire department of
corrections (NHDOC) facilities.
Source. (See Revision Note at chapter heading for Cor
700) #12892, eff 9-28-19
Cor 701.02 Applicability. This rule shall apply to all staff, residents,
and the public.
Source. (See Revision Note at chapter heading for Cor
700) #12892, eff 9-28-19
PART Cor 702 DEFINITIONS
Cor 702.01 “Physical plant” means all buildings on NHDOC
property.
Source. (See Revision Note at chapter heading for Cor
700) #12892, eff 9-28-19
PART Cor 703 HEALTH AND SAFETY
Cor 703.01 Health and Safety Inspections.
(a) The housing,
industrial, work, recreational, and administrative areas of each facility shall
be maintained in a manner, which meets the standards established for the
facility by public health authorities in the state of New Hampshire.
(b) The New Hampshire department of health and
human services (DHHS), division of public health services, food protection shall
be requested to designate an appropriate staff
member from its department to inspect at least annually all areas of each
facility, with the exception of exempted health
services facilities, and to render a written report
of the results to the commissioner. The
chief administrator of each facility shall comply with the orders,
requirements, and recommendations contained in the inspection report or request
a waiver from these requirements and recommendations. Items that require additional funding shall be
reported by the commissioner of corrections for inclusion in appropriate
budgetary documents.
Source. (See Revision Note at chapter heading for Cor
700) #12892, eff 9-28-19
Cor 703.02 Sanitation.
(a) Sanitation in the food service and food
storage areas of each facility shall be maintained in a manner that meets He-P 802.23
adopted by the commissioner of the DHHS, for food service and food storage
areas.
(b) Departmental facilities shall provide each
person in departmental custody and patient of the secure psychiatric unit with access to cleaning supplies, including toilet
brushes, brooms, cleansers, and disinfectants to keep their cell clean and to
keep the common and public areas of the facility clean.
Source. (See Revision Note at chapter heading for Cor
700) #12892, eff 9-28-19
Cor 703.03 Fire
Safety.
(a) The director of the New Hampshire department
of safety, division of fire safety, or the local fire department shall be
requested to inspect each residential facility of the department and its
organizational sub-divisions, residential treatment unit, and the secure psychiatric
unit at least annually to determine fire safety, and to report the results to
the chief administrator of each facility.
The department’s administrator of logistical services shall coordinate
such inspections. The chief
administrator of each facility shall comply with or shall request a waiver from
the requirements and recommendations of the director of the New Hampshire department
of safety, division of fire safety, or local fire department. Items that require
additional funding shall be reported by the commissioner for inclusion in
appropriate budget submissions.
(b) There shall be fire and emergency evacuation plans for each facility that are reviewed regularly and
updated as necessary and such document shall be submitted to and approved by
the state fire marshal.
(c) Fire drills for each departmental facility
shall be conducted regularly involving residents, staff, and visitors.
(d) The department shall
provide employees with training in fire safety, fire prevention, and limited firefighting.
(e) There shall be a written fire and disaster
plan for each facility that shall include detailed actions to take in the event of fire or similar disaster at the facility. Such plan shall include evacuation as an
option or such other approaches to minimize damage, injury, loss of life, or breaches
of security in such situations as determined to be the most pragmatic by the state
fire marshal and the administrator of logistical services in consultation with
the chief administrator of each facility.
Source. (See Revision Note at chapter heading for Cor
700) #12892, eff 9-28-19
PART Cor 704 SERVICES
Cor 704.01 Food Service.
(a) The New Hampshire department of health and
human services, division of public health services, food protection or its designee shall be requested at least annually
to inspect all food service areas of departmental facilities and to render a
written report of the results of its inspection. The chief administrator of each facility shall
comply with the requirements and recommendations contained in the inspection report
or request a waiver from these requirements and recommendations. Items that require additional funding shall
be reported by the commissioner of corrections for inclusion in appropriate
budgetary documents.
(b) Each resident
shall be given the opportunity to have 3 wholesome and nutritious meals each
day served with proper eating and drinking utensils.
(c) Efforts shall be made to ensure that food that is supposed to
be served hot shall be served hot, and food that is supposed to be served cold
shall be served cold.
(d)
Restrictions on the type of food or utensils provided to a resident
shall be imposed if the resident throws his or her food or uses his or her food
to make the area unclean, unhealthy, unsafe, or is likely to use such items as
weapons against others or as a mechanism for self-injury.
(e) Each resident
shall be served the same quality of food in a quantity sufficient to meet the resident’s
nutritional needs.
(f) Availability
of medical or religious diets shall not be dependent upon custodial or
disciplinary status.
(g) There shall
be a process in place that establishes a changing menu that provides for a regular
variety in meals.
(h) The food
served to residents shall be properly prepared and served under the direction
of the food services supervisor.
(i) Menu planning, food purchasing, and sanitation
shall be overseen by a dietician in consultation with the food services
supervisor to ensure that meals are wholesome and nutritious. The food services
supervisor shall provide staff and residents guidance in food handling and
preparation.
(j) Food shall
be served, prepared, and stored in accordance with He-P 803.20 adopted by the
commissioner of DHHS. Food service equipment shall be maintained in
good working condition.
(k) All kitchen
employees including residents shall be trained in the handling and preparation
of food and medical diets by staff chefs and shift supervisors in consultation
with the food services supervisor and dietician. Staff hired for food service duty shall be
qualified by experience, training, or education for the position.
(l) There shall
be documentation that all persons who assist in the preparation or serving of
food shall report information about their
health, as it relates to diseases that are transmissible through food, in a
manner that allows the person in charge to prevent the likelihood of food-borne
disease transmission in compliance with the
provisions of He-P 2307.02.
(m) Each resident
who requires a medical diet certified by medical personnel shall be provided a
diet to meet their medical needs.
(n) Diets for
religious purposes shall be made available by the use of
substitutes of approximate equivalent nutritional value, as determined by the
department's dietician for those food items, which conflict with the dietary requirements of the resident’s religion.
Source. (See Revision Note at chapter heading for Cor 700)
#12892, eff 9-28-19
APPENDIX
A
Rule |
Specific State Statute the Rule
Implements |
||
Cor
101.01-101.04 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
101.05 |
RSA
21-H:2, II; RSA541-A:16, I (a) |
||
Cor
101.06 – 101.07 |
RSA
21-H:13, I; RSA541-A:16, I (a) |
||
Cor
101.08 |
RSA
21-H:2, V; RSA 541-A:16, I (a) |
||
Cor
101.09 |
RSA
21-H:5, I, A; RSA 541-A:16, I (a) |
||
Cor
101.10-101.12 |
RSA
21-H:14; RSA 541-A:16, I (a) |
||
Cor
101.13 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
101.14 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
101.15 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
101.16 |
RSA
21-H:13, I; RSA 622:44; RSA 541-A:16, I (a) |
||
Cor
101.17 |
RSA
21-H:13, III (a); RSA, 541-A:16, I (a) |
||
Cor
101.18 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
101.19 |
RSA
21-H:13, II; RSA 541-A:16, I (a) |
||
Cor
101.20 |
RSA
21-H:13, III (a); RSA 541-A:16, I (a) |
||
Cor
101.21 |
RSA
21-H-13, III (a); RSA 541-A:16, I (a) |
||
Cor
101.22 |
RSA
21-H:13, III (a), (b), (c), (d), (e); RSA 541-A:16, I (a) |
||
Cor
101.23 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
101.24 |
RSA
21-H:13, III (a); RSA 541-A:16, I (a) |
||
Cor
101.25 |
RSA
622:44; RSA 541-A:16, I (a) |
||
Cor
101.26 |
RSA
541-A:16, I (a) |
||
Cor
101.27 |
RSA
622:44; RSA 541-A:16, I (a) |
||
Cor
101.28 |
RSA
541-A:16, I (a) |
||
Cor
101.29 |
RSA
21-H:13, III (a); RSA 541-A:16, I (a) |
||
Cor
101.30 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
101.31 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
101.32 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
101.33 |
RSA
21-H:13, I; RSA 541-A:16, I (a) |
||
Cor
102.01(a)(1) |
RSA
21-H:3, II (a); RSA 541-A:16, I (a) |
||
Cor
102.01(a)(2) |
RSA
21-H:3, II (b); RSA 541-A:16, I (a) |
||
Cor
102.01(a)(3) |
RSA
21-H:8, XI (a); RSA 541-A:16, I (a) |
||
Cor
102.01(a)(4) |
RSA
21-H:3, II (c); RSA 541-A:16, I (a) |
||
Cor
102.01(a)(5) |
RSA
21-H:8, X; RSA 541-A:16, I (a) |
||
Cor
102.01(a)(6) |
RSA
21-H:8, II (e); RSA 541-A:16, I (a) |
||
Cor
102.01(a)(7) |
RSA
651:2, V (e); RSA 541-A:16, I (a) |
||
Cor
102.02(a) |
RSA
21-H:4, I (a)-(c); RSA 21-H:5, I (a); 541-A:16, I (a) |
||
Cor
102.02(b) |
RSA
21-H:4, II; RSA 21-H:5, I (a); RSA 541-A:16, I (a) |
||
Cor
102.02(c) |
RSA
21-H:4, I (b); RSA 21-H:5, I; RSA 541-A:16, I (a) |
||
Cor
102.02(d) |
RSA
21-H:4, IV; RSA 21-H:5, I (a); RSA 541-A:16, I (a) |
||
Cor
102.02(e) |
RSA
21-H:6, V; RSA 21-H:10, I; RSA 541-A:16, I (a) |
||
Cor
102.02(f) |
RSA
21-H:6, V; RSA 21-H:10, I; RSA 21-H:11; RSA 541-A:16, I (a) |
||
Cor
102.02(g) |
RSA
21-H:6, V; RSA 541-A:16, I (a) |
||
Cor
102.02(h) |
RSA
21-H:6, II; RSA 541-A:16, I (a) |
||
Cor
102.02(i) |
RSA
21-H:4, VI; RSA 21-H:5, IRSA 21-H:6, IV; RSA 541-A:16, I (a) |
||
Cor
102.02(j) |
RSA
21-H:4, V; RSA 21-H:5, I, RSA 21-H:6, III; RSA 541-A:16, I (a) |
||
Cor
102.02(k) |
RSA
21-H:4, VII; RSA 21-H:5, I;RSA 21-H:6, IV(a); RSA 541-A:16, I (a) |
||
Cor
103.01 |
RSA
21-H:4; RSA 541-A:16, I (a) |
||
|
|
||
|
Cor
201.01 |
RSA
541-A:30-a, II |
|
|
Cor
201.02 |
RSA
541-A:30-a, II, V |
|
|
Cor
202.01 |
RSA
541-A:1; 541-A:30-a, II |
|
|
Cor
203.01 |
RSA
541-A:29-39 |
|
|
Cor
203.02 |
RSA
541-A:30-a, III, (k); 541-A:36 |
|
|
Cor
203.03 |
RSA
541-A:22, IV; 541-A:30-a, III (j) |
|
|
Cor
204.01 |
RSA
541-A:29-35; 541-A:30-a, III (a) |
|
|
Cor
204.02 |
RSA
541-A:29-35; 541-A:30-a, III (a) |
|
|
Cor
204.03 |
RSA
541-A:29-35; 541-A:30-a, III (a) |
|
|
Cor
205.01 |
RSA
541-A:29-35; 541-A:30-a, III (f) |
|
|
Cor
206.01 |
RSA
541-A:29-35; 541-A:30-a, III (a) |
|
|
Cor
207.01 |
RSA
541-A:31, I-II |
|
|
Cor
207.02 |
RSA
541-A:29-39; 541-A:31, I-II |
|
|
Cor
207.03 |
RSA
541-A:31, III |
|
|
Cor
207.04 |
RSA
311:1; 311:7; 541-A:30-a, III (b) |
|
|
Cor
207.05 |
RSA
541-A:31, V; 541-A:38 |
|
|
Cor
208.01 |
RSA
541-A:32; 541-A:30-a, III (g) |
|
|
Cor
208.02 |
RSA
541-A:32; 541-A:30-a, III (g) |
|
|
Cor
209.01 |
RSA
541-A:30-a, III (h) |
|
|
Cor
210.01 |
RSA
541-A:30-a, III (c) |
|
|
Cor
211.01 |
RSA
541-A:30-a, III (h) |
|
|
Cor
211.02 |
RSA
541-A:29-39 |
|
|
Cor
212.01 |
RSA
541-A:30-a, III (c) |
|
|
Cor
212.02 |
RSA
541-A:30-a, III (c) |
|
|
Cor
213.01 |
RSA
541-A:31, VI |
|
|
Cor
213.02 |
RSA
541-A:30-a, III (d), (e) |
|
|
Cor
213.03 |
RSA
541-A:33 |
|
|
Cor
213.04 |
RSA
541-A:33 |
|
|
Cor
213.05 |
RSA
541-A:31, VI (c); 541-A:35 |
|
|
Cor
213.06 |
RSA
541-A:31; 541-A:33 |
|
|
Cor
213.07 |
RSA
541-A:31; 541-A:33; 541-A:30-a, III (i) |
|
|
Cor
213.08 |
RSA
541-A:34-35; 541-A:30-a, (e) |
|
|
Cor
214.01 |
RSA
541-A:16, I (b)(3) |
|
|
Cor
214.02 |
RSA
541-A:16, I (b)(3) |
|
|
Cor
214.03 |
RSA
541-A:16, I (b)(3) |
|
|
Cor
214.04 |
RSA
541-A:16, I (b)(3) |
|
|
Cor
214.05 |
RSA
541-A:16, I (b)(3) |
|
|
Cor
215.01 |
RSA
541-A:16, I (c) |
|
|
Cor
215.02 |
RSA
541-A:16, I (d) |
|
|
Cor
215.03 |
RSA
541-A:16, I (c), (d) |
|
|
Cor
216.01 |
RSA
541-A:11, VII |
|
|
Cor
216.02 |
RSA
541-A:11, VII |
|
|
Cor
217.01 |
RSA
541-A:16, I (c), (d) |
|
|
|
|
|
|
Cor
301.01 |
RSA
21-H:13, I, II |
|
|
Cor
301.01 |
RSA
21-H:13, I, II |
|
|
Cor
301.02 |
RSA
21-H:13, I, II |
|
|
Cor
301.03 |
RSA
21-H:13, I, II |
|
|
Cor
301.04 |
RSA
21-H:13, I, II |
|
|
Cor
302.01 |
RSA
21-H:13, III (c), RSA 194:60 |
|
|
Cor
302.02 |
RSA
21-H:13, III (h) |
|
|
Cor
302.04 |
RSA
21-H:13, III (i), 516 US 804 (1996) |
|
|
Cor
302.05 |
RSA
21-H:13, III (j) |
|
|
Cor
302.06 |
RSA
21-H:13, III |
|
|
Cor
302.07 |
RSA
21-H:13, III |
|
|
Cor 305 |
RSA
21-H:13, I, II and III(a) |
|
|
Cor
306.01 |
RSA
21-H:13, I, II, II-a, and VI |
|
|
Cor
306.02 |
RSA
21-H:13, I, II, II-a |
|
|
Cor 306.03 |
RSA
21-H:13, I, II, II-a, RSA 622:6-a |
|
|
Cor
306.04 |
RSA
21-H:13, I, II, II-a |
|
|
Cor
307.01 |
RSA
21-H:13, III (i) |
|
|
Cor
307.02 |
RSA
21-H:13, III (i) |
|
|
Cor
307.03 |
RSA
21-H:13, III (i) |
|
|
Cor
307.04 |
RSA
21-H:13, III (i) |
|
|
Cor
307.05 |
RSA
21-H:13, III (i) |
|
|
Cor
307.06 |
RSA
21-H:13, III (i); RSA 651:25 |
|
|
Cor
307.07 |
RSA
21-H:13, III (i) |
|
|
Cor
307.08 |
RSA
21-H:13, III (i) |
|
|
Cor
308.01 |
RSA
651:2, V (e) |
|
|
Cor
309.01 |
RSA
651:2, V (e) |
|
|
Cor 310.01 |
RSA 21-H:13, V |
|
|
Cor
312 |
RSA
21-H:13, I, II and III(a) |
|
|
Cor 313 |
RSA 21-H:13, I,
II and II-a |
|
|
Cor
313.03 |
RSA
21-H:13, I, II and III(a) |
|
|
Cor
314 |
RSA 21-H:13,
I, II and III(a) |
|
|
|
|
|
|
Cor
401 |
RSA
21-H:13, III(a) |
|
|
|
|
|
|
Cor
402 |
RSA
21-H:13, III(a) |
|
|
Cor
403.01 |
RSA
21-H:13, III(a); RSA 622:23 |
|
|
Cor 403.02 |
RSA 21-H:13, III(a) |
|
|
Cor
404 |
RSA
21-H:13,III(a) |
|
|
Cor 405 |
RSA
21-H:13, III(a) |
|
|
Cor
406 |
RSA
21-H:13, III(a) |
|
|
Cor
407 |
RSA
21-H:13, III(a) |
|
|
Cor
408.01 |
RSA
21-H:13, III(a); RSA 651:25 |
|
|
Cor 408.02 |
RSA
21-H:13, III(a) |
|
|
Cor
408.03 |
RSA
21-H:13, III(a) |
|
|
Cor
408.04 |
RSA 21-H:13,
III(a) |
|
|
Cor
409 |
RSA
21-H:13, III(a) |
|
|
Cor 409.01 |
RSA
21-H:13, I, II and III(i) |
|
|
Cor
410 |
RSA
21-H:13, III(a) |
|
|
Cor 411 |
RSA 21-H:13, III(a) |
|
|
|
|
|
|
Cor 412.01 |
RSA 21-H:13, III(a) |
|
|
Cor 412.02 |
RSA 21-H:13, III(a) |
|
|
Cor 412.03 |
RSA 21-H:13, III(a) |
|
|
|
|
|
|
Cor
501 |
RSA
21-H:13,III(a) |
|
|
Cor 501.02 |
RSA 21-H:13, IV |
|
|
Cor
502.01 |
RSA
21-H:13,III(a) |
|
|
Cor
502.02 |
RSA
21-H:13,III(a) |
|
|
Cor
502.03 |
RSA
21-H:13,III(a) |
|
|
Cor
502.04 |
RSA
21-H:13,III(a) |
|
|
Cor
502.05 |
RSA
21-H:13,III(a) |
|
|
Cor
502.06 |
RSA
21-H:13,III(a) |
|
|
Cor
502.07 |
RSA
21-H:13,III(a) |
|
|
Cor
502.08 |
RSA
21-H:13,III(a) |
|
|
Cor
502.09 |
RSA
21-H:13,III(a) |
|
|
Cor
502.10 |
RSA
21-H:13,III(a); RSA 611-B:12 |
|
|
Cor
502.11 |
RSA
21-H:13, IV |
|
|
Cor
502.12 |
RSA
21-H:13, II-a |
|
|
Cor
503 |
RSA
21-H:13,III(a) |
|
|
Cor
504 |
RSA
21-H:13,III(a) |
|
|
Cor
505 |
RSA
21-H:13,III(a) |
|
|
|
|
|
|
Cor 601 |
RSA
21-H:13, III |
|
|
Cor 602 |
RSA
21-H:13, III |
|
|
Cor 603 |
RSA
21-H:13, III |
|
|
|
|
|
|
Cor 701 |
RSA 21-H:13, I, II and II-a |
|
|
Cor
702 |
RSA 21-H:13, I, II and II-a |
|
|
Cor
703 |
RSA 21-H:13, I, II and II-a |
|
|
Cor
704 |
RSA 21-H:13, I, II and II-a |
|
APPENDIX
B: INCORPORATED BY REFERENCES
Rule |
Title
(Date) |
Obtain
From: |
American Polygraph Association Standards of Practice
(2019) |
NH Department of Corrections 105 Pleasant Street Phone: (603)
271-5603 Fax: (603) 271-5643 Download at no charge from: http://www.polygraph.org/apa-bylaws-and-standards |
|
Cor 505.03 (p) |
ATSA Professional Code of Ethics (2017) |
NH Department of Corrections 105 Pleasant Street Phone: (603)
271-5603 Fax: (603) 271-5643 Download at no charge from: https://www.atsa.com/Public/Ethics/ATSA_2017_Code_of_Ethics.pdf |